79R1502 DWS-D

By:  Seliger                                                      S.B. No. 120



A BILL TO BE ENTITLED

AN ACT

relating to an offense of using a telephone while operating a motor 
vehicle by certain minors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 545.424(a) and (b), Transportation 
Code, are amended to read as follows:
	(a)  A person under 18 years of age, during the six-month 
period following issuance of an original Class A, B, or C driver's 
license to the person, may not operate a motor vehicle:
		(1)  after midnight and before 5 a.m. unless the 
operation of the vehicle is necessary for the operator to attend or 
participate in employment or a school-related activity or because 
of a medical emergency; [or]
		(2)  with more than one passenger in the vehicle under 
21 years of age who is not a family member; or
		(3)  while using a telephone.                                          
	(b)  A person under 17 years of age who holds a restricted 
motorcycle license or moped license, during the six-month period 
following the issuance of an original motorcycle license or moped 
license to the person, may not operate a motorcycle or moped:
		(1) after midnight and before 5 a.m. unless:                           
			(A) [(1)] the person is in sight of the person's 
parent or guardian; or
			(B) [(2)] the operation of the vehicle is 
necessary for the operator to attend or participate in employment 
or a school-related activity or because of a medical emergency; or
		(2)  while using a telephone.                                          
	SECTION 2.  This Act takes effect September 1, 2005.