A Brief Summary of some of the New Traffic Laws That Go into Effect September 1
The Texas Legislature has enacted several new traffic laws that will go into effect as of today, September 1, 2009. Here is a summary of some of the new laws…
HB 55—No Cell Phones in a School Zone without Hands-Free Device
It is now illegal to use your cell phone while driving in a school zone–unless your vehicle is at a stop or you are using a hands-free device. However, in order for the local police to enforce this law, municipalities must have signs posted at the beginning of each school zone to inform drivers of the prohibition. Additionally, it is a defense to prosecution if the operator is making an emergency phone call.
HB 2730 & HB 339—Restrictions for Under 18 Drivers and Mandatory License Suspension for DWI with Child Passenger
This law prohibits ALL drivers UNDER AGE 18 from using a cell phone while operating a motor vehicle–including text messaging. The new law applies to new licenses that were issued on or after September 1, 2009 to drivers who are under age 18. However, drivers under age 18 who received a license before September 1, 2009 are still restricted from using a cell phone while driving for the 6 month period following the issuance of the new license.
Additionally, drivers under the age of 18 cannot operate a motor vehicle for one year after the license is issued: a) after 10pm and before 5am–unless it is necessary for employment or a school-related activity or because of a medical emergency.
Another law in this House Bill includes that a driver’s license suspension is now mandatory for anyone convicted of driving while intoxicated with a child passenger. The reinstatement fee after completing an education class will be raised from $50 to $100. This law also closes a loophole which allowed minors to avoid license penalties if they turn 21 before their court date.
HB 357—Everyone in a Vehicle MUST Wear a Seatbelt
This House Bill requires ALL occupants of a vehicle (including passenger vans designed to hold 15 passengers or less) to wear a seatbelt, regardless of their age or where they sit in the vehicle. Additionally, it is now against the law for a passenger under the age of 5 to ride on a motorcycle unless the child is in a sidecar.
SB 61—All Children under Age 8 Must be in a Booster Seat
This new law requires that all children under the age of 8 must be restrained in booster seat UNLESS the child is at least 4 feet 9 inches tall. The fine for this offense will be $25 for a first offense and $250 for a second offense. Although the law goes into effect on September 1, 2009, an officer may not issue citations until June 1, 2010 but can issue warnings until that date. The fees TXDOT collects from convictions under this law will be used by TXDOT to provide safety seats for low income families.
SB 328—Expanded Blood Draw for DWIs
This bill provides that blood draws without a blood draw will be mandatory if a person is arrested for an offense under Chapter 49 of the Texas Penal Code (Texas DWI Statute) and refuses to submit a breath or blood sample as requested by the arresting officer and a) A person, other than the suspect, suffered bodily injury and was transported to a hospital or other facility for medical treatment; or b) The driver is under arrest for DWI with a child passenger under the age of 15; or c) The person has at least two prior DWI convictions; or d) The driver has a previous conviction for DWI with a child passenger under the age of 15, intoxication assault or intoxication manslaughter. The bill also allows any magistrate in Texas who is a licensed attorney to sign a search warrant authorizing a blood draw.
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