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Texas New Traffic, Criminal Laws

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Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/20/2009 at 15:49
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New traffic, criminal laws set to go into effect Sept. 1
 
HB 2730 is the DPS’s Sunset Legislation, and many of the DPS-related bills this session were included in HB 2730. Notable traffic and criminal laws that go into effect on Sept. 1 (unless otherwise indicated) include*:
 
Seatbelts: HB 537 requires all occupants of a vehicle, no matter their age, to be secured by a safety belt, no matter where they are seated in the vehicle; changes the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver; removes the current exemption for third-party Medicaid transportation provisions regarding the use of child passenger safety seats; and prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.
 
SB 61 amends the existing statute regarding child passenger safety seats. The bill requires that any child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is at least 4 feet, 9 inches in height. The fine is no more than $25 for a first offense and $250 for a second offense. The law also creates a new court cost for conviction of an offense under this section to be collected and used by TxDOT to buy safety seats for low income families. The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date.
 
Driving: HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. It is a defense to prosecution if the operator was making an emergency call.
 
HB 2730 increases the penalties for driving while intoxicated with a child passenger by adding an automatic driver license suspension period for first-time offenders and an increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program will rise from $50 to $100. Closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.

HB 2730 allows a new Texas resident to operate a vehicle without a Texas license for 90 days instead of the current 30. (This provision went into effect on June 19, 2009.)

HB 2012 creates two new punishment enhancements: a Class B misdemeanor if a person drives with a suspended license and without insurance; and a class A misdemeanor if the person driving without insurance or a valid driver license has an accident and someone is seriously injured or dies as a result of that accident.
 
SB 129 authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less. The bill authorizes driver license holders to operate NEVs without having a motorcycle endorsement, clarifies that drivers and passengers in such vehicles are not required to wear helmets and specifies that enclosed three-wheeled vehicles as described in the bill are authorized to operate in preferential lanes.
 
Concealed handgun: HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order.
 
HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)
 
HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.
 
Driver license: HB 2730 requires that all applicants under the age of 18 take the driving skills exam to receive a driver license. The law also requires that a provisional driver license (under 18) or instruction permit expire on an individual’s 18th birthday, removes the requirement that a provisional driver license or instruction permit be renewed annually and increases the fee for those licenses from $5 to $15. It also extends the current phase-two restrictions for holders of a graduated driver license from 6 months to 1 year. These restrictions include limited night driving, prohibited use of wireless communication devices and a limited number of passengers.
 
HB 339 increases the total hours of behind-the-wheel driving instruction a teen receives from 14 to 34 and creates an adult driver education requirement for applicants older than 18 and younger than 21.
 
SB 1317 creates a six-hour driver education course required for driver license applicants 18 years of age
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/20/2009 at 15:49
Chris Farris View Drop Down
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I'll have to do some more research on that last one. 

Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/20/2009 at 19:15
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Can you get some one to translate it into normal talk??   Bandito
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/21/2009 at 03:54
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We need to elect far fewer lawyers and a lot more Libertarians...
 
Lawyers want to make laws, some of those above have no reason or justification other than "just because we can"...
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/21/2009 at 08:48
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A good bit in here on illegal aliens and guns, surprisingly....
 
 
Seatbelts:
Wear your seatbelt.
Have everone else wear seatbelts.
No motorcycle passengers under 5 unless in a sidecar
 
 
Stiff fines for no child safety seat through age 8.
 
 
Driving:
No cell phone usage in school zone unless parked.
 
DWI penalties increased.
 
New Texas resident can operate a vehicle without a Texas license for 90 days instead of the current 30
 
Drivers with a suspended license and without insurance is now a class B misdemeanor; 
Driving without insurance or a valid driver license has an accident and someone is seriously injured or dies as a result of that accident it is a class A misdemeanor, whatever that means..
 
Authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less.
Regular license, not motorcycle license, to operate NEVs
NEV drivers and passengers are not required to wear helmets
 
Concealed handgun: HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order.  (I didn't simplify this language on purpose so you can see it as it stands).
 
You now get a DEFENSE if you take your legally carried concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages.... as long as the establishment FAILED to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages.   I assume if it is POSTED properly and you take a concealed handgun in... you are in deep crap.
 
Removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.
 
Driver license:
All applicants under the age of 18 take the driving skills exam to receive a driver license (This was not the case before??????)
 
blah, blah, blah...... all sorts of junior license stuff.....Restrictions on junior licenses include limited night driving, prohibited use of wireless communication devices and a limited number of passengers.
 
Juniors behind-the-wheel driving instruction a teen increased from 14 to 34 and creates an adult driver education requirement for applicants older than 18 and younger than 21.
 
A six-hour driver education course required for driver license applicants 18 years of age or older. It also mandates that applicants 25 or under must submit to an approved driver education course. (Goes into effect March 1, 2010.)

DPS now has the power to suspend a minor’s driver license if they fail a breath or blood alcohol test while operating a watercraft.

Increases the driver license sanction from a one-year CDL license disqualification to a lifetime disqualification if a person uses a motor vehicle to transport, conceal or harbor an alien. If a child is engaged in conduct involving a severe form of trafficking persons, a judge at a juvenile hearing is required to order the juvenile’s driver license or permit to be suspended.
 
Prohibits DPS from issuing a driver license or identification card to a person who has not established a domicile in Texas.
 
Crime:
Allows minors to be charged with public intoxication.
 
Allows courts to immediately seal juvenile criminal records if the juvenile successfully completes a drug court program, or another special program ordered by the court.
 
Makes it a Class B misdemeanor to steal a driver license, commercial driver license or personal identification.
 
Makes it illegal to own or possess dog-fighting equipment ........
 
Makes it a third-degree felony to tamper with forensic, medical, chemical, toxicological and ballistic reports, as well as reports of certification, inspection or maintenance of instruments used .....
 
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/21/2009 at 12:19
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Driving: HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used.
 
I guess that the are referring to Transmitting communicating devices but. But listening to the Radio is information being wireless communicated. Could they start stopping individuals if the radio is on.  We all know that many laws are enforced on the letter of the law over the intent of the law. I guess hands free would mean you could not change the channel or turn the volume down...
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/21/2009 at 20:07
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Remember the Drive Thru Liquor stores back when you could buy a set up and mix yourself a drink before leaving the window???          Bandito         Only in TEXAS!!! 
 
 
 
 
.


Edited by Ed Connelly - August/21/2009 at 20:07
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/21/2009 at 21:07
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Originally posted by Ed Connelly Ed Connelly wrote:

Can you get some one to translate it into normal talk??   Bandito
 
 
ICK has agreed to translate 'lawyer--mumbo-jumbo' into regular hillbilly talk....next week he's gonna explain incest.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/21/2009 at 23:24
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I can buy firearms ammunition and accessories in other states (and not just those bordering Montana).  Just not handguns.  Didn't know that Texas prohibited that.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/22/2009 at 08:39
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Originally posted by Ed Connelly Ed Connelly wrote:

Remember the Drive Thru Liquor stores back when you could buy a set up and mix yourself a drink before leaving the window???          Bandito         Only in TEXAS!!! 
 
 
 
 
.


you still can in wyoming
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: August/23/2009 at 19:51
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