The Canadian Record (Canadian, Tex.), Vol. 115, No. 34, Ed. 1 Thursday, August 25, 2005 Page: 8 of 40
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8
THURSDAY 25 AUGUST 2005
NEWS PAGE
THE CANADIAN RECORD
New traffic, criminal laws set to go into effect September 1
Several new traffic and criminal laws passed
by the Texas Legislature will take effect on Sep-
tember L The newstatutes range from one curb-
ing the use of wireless devices—particularly cell
phones—by newly licensed teenage drivers to
one providing stiffer penalties for those provid-
ing alcohol to minors. Another law cracks down
on DWI violators by imposing ignition locks on
the vehicles of violators whose blood alcohol lev-
els are .15 or more.
All new laws will go into effect on September
1 (unless noted otherwise). Among themare:
•SB 1257 prohibits use of wireless commu-
nications devices (including cell phones) for the
first six months after teenagers get their driver
licenses. The bill also prohibits passenger bus
drivers transporting minors fromusingwireless
communications devices, except in emergencies
or when the bus is stopped.
•HB 51 requires an ignition interlock device
if a driver's blood alcohol level is determined to
be .15 or more (upon conviction).
•HB 1357 creates a six-month driver license
(DL) suspension for a person convicted of pro-
viding alcohol to a minor (one year for second
offense), and increases the DL suspension to one
year for minors who are convicted of a second
alcohol offense.
•HB 1481 makes it a Class B misdemeanor
if a person drives around a barricade where a
warning sign or barricade has been placed be-
cause water is over any portion of a road, street
or highway, It also specifically creates a traffic
violation for driving around a barricade put in
the roadway because of dangerous conditions.
•HB 183 states that all children younger than
5 years of age (old law was younger than 4) and
less than 36 inches tall are required to be ina child
safety seat system. It also classifies safety seat
infractions as moving violations for the first time.
•SB 1005 provides that if a driver younger
than 25 years of age commits a traffic offense
classified as a moving violation, the judge must
require the driver to complete a driving safety
course—and, if the driver holds a provisional
driver license (under 18 years of age), submit to a
DPS road test. Failure by the driver to meet this
requirement will result in a final conviction for
that traffic offense.
•HB 1484 specifies that a person commits
a traffic offense if they are involved in a crash
on the main lane, ramp, shoulder, median or
adjacent area of a freeway and don't move their
vehicle to an area that minimizes interference
with freeway traffic (assuming the vehicle is
drivable).
•HB 1596 clarifies the definition of neigh-
borhood electi'ic vehicles and motor assisted
scooters and allows municipalities to regulate
the use of motor assisted scooters on roadways
and sidewalks.
•SB 1257 disqualifies a personfromoperating
a commercial motor vehicle if the person's driving
is determined to constitute an imminent hazard.
•HB 754 allows fines up to $500 for violating
the laws for transporting loose material in com-
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mereial vehicles.
•SB 1258 specifies that an original commer-
cial driver license or commercial driver learner's
permit expires in five years instead of six years.
•HB 87 allows cities to lower residential
speed limits from 30 mph to 25 mph in certain
instances. This bill took effect immediately.
•HB 2257 allows the TxDOT commission to
establish a daytime speed limit of 80 miles per
hour onl-10 or 1-20 in Crockett, Culberson, Hud-
speth, Jeff Davis, Kerr, Kimble, Pecos, Reeves,
Sutton or Ward counties. If established, this
speed does not apply to truck tractors, trailers,
semi trailers, or trucks, other than light tracks
and light trucks pulling a trailer. This bill took
effect immediately.
•SB 1670 requires the Department of In-
surance, in conjunction with TxDOT and other
agencies, to establish a verification program for
vehicle insurance in order to try and reduce the
number of uninsured drivers.
•HB 120 creates an organ donor education
and registry program. Eventually, Texans will
be able to indicate their wish to beeome an organ
donor when they are issued or renew their driver
license or ID card.
•SB 122 requires peace officers to report no-
tification of ID theft to their employing agency.
It provides penalties for the unauthorized use of
personal information
•HB 699 increases the penalty for using
someone else's DL or ID card to a,Class Amis-
demeanor. It also clarifies that use of a false ID
by someone under 21 for purchase of alcohol is a
Class C misdemeanor.
•HB 1239 makes DPS more involved with drag
taskforces operating in Texas, includingany "multi-
county" drag taskforces. (Effective Aug. 1.)
•HB 164 places restrictions on the sale of
pseudoephedrine products and allows children
exposed to meth production to be removed from
the home. (Effective August 1.)
•HB 867 eliminates mandatory newspaper
notification for sex offenders. Another provision
deals with postcard notification for high-risk
sex offenders. DPS is now required to send the
postcards to all addresses within the distribu-
tion area, except post office boxes. Prior law
specified residential addresses only.
•HB 1068 creates an independent commis-
sion with investigational oversight involving
complaints against DNA crime labs in the
state. It also requires DNAsampling fromsome
60,000 current Texas prison inmates who do not
have DNA profiles in the CODIS (Combined
DNA Index System) database.
•HB 823 describes the conditions under
which a person will be presumed to be "travel-
ing" for the first time. It applies to people who
have a handgun in their vehicle but do not have a
concealed handgun license (CHL). It also places
the burden of proof on prosecutors to prove the
driver was "not traveling."
•HB225 extends the renewal time for a CHL
from four to five years, which will reduce the
average annual cost of a license.
•HB 322 lowers the age requirement for ac-
tive duty or retired members of the militaiy ap-
plying for a CHL from 21 years of age to 18, and
reduces the original license fee and any renewal
fees for active duty members of the armed forces
by 50 percent.
•HB 1038 reduces CHL renewal fees by 50
percent for anyone over 60 years of age.
The texts of these bills can be found at
www.capitol.state.tx.us. Select the enrolled ver-
sion in the regular legislative session.
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Brown, Laurie Ezzell. The Canadian Record (Canadian, Tex.), Vol. 115, No. 34, Ed. 1 Thursday, August 25, 2005, newspaper, August 25, 2005; Canadian, Texas. (https://texashistory.unt.edu/ark:/67531/metapth220695/m1/8/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Hemphill County Library.