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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of a motor vehicle by a person under 18 |
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years of age while using a wireless communications device; |
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providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.424, Transportation Code, is amended |
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by amending Subsections (a), (b), and (c) and adding Subsections |
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(b-1), (f), and (g) to read as follows: |
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(a) A person under 18 years of age, during the six-month |
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period following issuance of an original Class A, B, or C driver's |
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license to the person, may not operate a motor vehicle: |
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(1) after midnight and before 5 a.m. unless the |
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operation of the vehicle is necessary for the operator to attend or |
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participate in employment or a school-related activity or because |
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of a medical emergency; or |
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(2) with more than one passenger in the vehicle under |
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21 years of age who is not a family member[; or
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[(3) while using a wireless communications device]. |
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(b) A person under 17 years of age who holds a restricted |
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Class M [motorcycle] license or moped license, during the six-month |
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period following the issuance of an original Class M [motorcycle
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license] or moped license to the person, may not operate a |
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motorcycle or moped [:
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[(1)] after midnight and before 5 a.m. unless: |
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(1) [(A)] the person is in sight of the person's parent |
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or guardian; or |
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(2) [(B)] the operation of the vehicle is necessary |
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for the operator to attend or participate in employment or a |
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school-related activity or because of a medical emergency. |
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(b-1) A person under 18 years of age who holds a Class A, B, |
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or C driver's license may not operate a motor vehicle, and a person |
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under 17 years of age who holds a restricted Class M or moped |
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license may not operate a motorcycle or moped, [; or
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[(2)] while using a wireless communications device, |
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regardless of whether the device is equipped with a hands-free |
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device. |
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(c) Subsections (a) and (b) do [This section does] not apply |
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to: |
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(1) the holder of a hardship license; or |
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(2) a person operating a motor vehicle while |
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accompanied in the manner required by Section 521.222(d)(2) for the |
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holder of an instruction permit. |
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(f) It is an affirmative defense to prosecution under |
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Subsection (b-1) that the wireless communication device was used to |
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make an emergency call to: |
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(1) an emergency response service, including a rescue, |
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emergency medical, or hazardous material response service; |
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(2) a hospital; |
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(3) a fire department; |
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(4) a health clinic; |
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(5) a medical doctor's office; |
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(6) an individual to administer first aid treatment; |
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or |
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(7) a law enforcement agency. |
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(g) An offense under Subsection (b-1) is a misdemeanor |
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punishable by a fine of: |
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(1) not less than $25 or more than $100 if the offense |
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occurs outside a school crossing zone; or |
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(2) not less than $125 or more than $200 if the offense |
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occurs within a school crossing zone. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |