New Laws 2003
Here you will find a glimpse at three of the "hot topic" laws recently passed.
For a look at more of the current laws passed click here
License Plates
Senate Bill 439 amends Section 502.409(a), Transportation Code, to provide that, in addition to current
statutory restrictions, a person commits an offense if the person attaches to or displays on a motor
vehicle a number plate or registration insignia that:
- has identification marks that, because of reflective matter, are not plainly visible at all times during
daylight; - has an attached illumination device or emblem not authorized by law and that interferes with the
readability of the letters or numbers on the plate or the name of the state in which the vehicle is
registered; or - alters or obscures the letters, numbers, color, or original design features of the plate.
Racing
SECTION 1. Amends Section 545.420, Transportation Code, by amending Subsection (a) and adding Subsections (c)-(h), as follows:
(a) Prohibits a person from participating in any manner in connection with a drag race, an exhibition
of vehicle speed or acceleration or to make a vehicle speed record.
(c) Provides that a person commits an offense if, after traveling to a location with the intent of being
a spectator, the person attends as a spectator a race, competition, contest, test, or exhibition
prohibited by Subsection (a). Provides that an offense under this subsection is a Class C
misdemeanor.
(d) Provides that except as provided by Subsections (e)-(h), an offense under Subsection (a)
is a Class B misdemeanor.
(e) Provides that an offense under Subsection (a) is a Class A misdemeanor if it is shown on the
trial of the offense that the person has previously been convicted one time of an offense under
that subsection; or the person, at the time of the offense was operating the vehicle while
intoxicated, as defined by Section 49.01 (Definitions), Penal Code; or was in possession of
an open container,as defined by Section 49.031 (Possession of Alcoholic Beverage Offenses),
Penal Code.
(f) Specifies that an offense under Subsection (a) is a state jail felony if it is shown on the trial
of the offense that the person has previously been convicted two times of an offense under
that subsection.
(g) Establishes that an offense under Subsection (a) is a felony of the third degree if it is shown
on the trial of the offense that as a result of the offense, an individual suffered bodily injury.
(h) Provides that an offense under Subsection (a) is a felony of the second degree if it is shown
on the trial of the offense that as a result of the offense, an individual suffered serious
bodily injury or death.
SECTION 2. Amends Subchapter O, Chapter 521, Transportation Code, by adding
Section 521.350,as follows:
Sec. 521.350. SUSPENSION FOR OFFENSE RELATING TO RACING OF MOTOR VEHICLE
ON PUBLIC HIGHWAY OR STREET.
(a) Establishes that a license is automatically suspended on conviction of an offense under Section 545.420(a).
(b) Provides that a suspension under this section is for one year, except as provided
by this section.
(c) Provides that a person whose license is suspended under Subsection (a) remains
eligible to receive an occupational license under Subchapter L, except that an occupational
license issued to a person younger than 18 years of age whose license is suspended under
this section may permit the operation of a motor vehicle only for transportation to and from
an educational facility in which the person is enrolled and the place where the person resides.
(d) Requires a person whose license is suspended under Subsection (a) to be required by
the court in which the person was convicted to perform at least 100 hours of community service
as ordered by the court. Requires the court, if the person is a resident of this state without a
driver's license to operate a motor vehicle, to issue an order prohibiting the Texas Department
of Public Safety (DPS) from issuing the person a driver's license before the person completes
the community service. Provides that a community service required under this subsection is in
addition to any community service required of the person as a condition of community supervision
under Section 16, Article 42.12 (Finding That Controlled Substance Used to Commit Offense),
Code of Criminal Procedure.
(e) Authorizes the person, if a person who is required to perform community service under
Subsection (d) completes that community service before the end of the person's license
suspension,to apply to DPS for reinstatement of the person's license or the issuance of
a new license. Requires the application to include proof satisfactory to DPS that the person
has performed the community service.
(f) Requires DPS, if a person whose license is suspended under this section is subsequently
convicted of an offense under Section 521.457(a) during the period of license suspension,
in addition to the penalties provided by Section 521.457, to revoke the person's license until
the first anniversary of the date of conviction and prohibits DPS from reinstating the person's
license or issuing the person a new license before that date.
MOTORIZED SCOOTERS
The law, House Bill 1997, was enacted to allow the use of Electric Personal Assistance Mobility Devices (EPAMD), which prior to the enactment were not authorized to travel on many roadways and walkways. The devices the bill refers to are the ones most have seen in television commercials to aide in the mobility of senior citizens and persons with various ailments restricting mobility.
The law amended Subchapter F, chapter 502, of the Transportation Code, by adding Section 502.2862 which now states the following:
Sec. 502.2862. Electric Personal Assistive Mobility Devices. The owner of an electric personal assistive mobility device, as defined by Section 551.201, is not required to register the electric personal assistive mobility device. In order to create the definition of an Electric Personal Assistive Mobility Device in Section 551.201, the state legislature had to amend Chapter 551 of the Transportation Code to include "Subchapter C. Electric Personal Assistive Mobility Devices"
Section 551.201 defines an Electric Assistive Mobility Device as a two non-tandem wheeled device designed for transporting one person that is:
(1) self-balancing; and
(2) propelled by an electric propulsion system with an average power of 750 watts or one horsepower.
The scooters being operated by the children in the neighborhood typically have one wheel directly behind the other and do not balance on their own. Therefore they do not meet the definition in that they do not contain two non-tandem wheels and they are not self-balancing. The answer to the question of "Are they legal?" is "THEY ARE ILLEGAL." to be used on sidewalks and roadways.
The law continues to list the operation of an Electric Assistive Mobility Device on the roadway and sidewalks where the use of the devices are legal, generally following the guidelines as that of a bicycle
"Move Over Act"
SECTION 1. Entitles this bill the "Move Over Act."
SECTION 2. Amends Subchapter D, Chapter 545 of the Transportation Code by adding Sec. 545.157 as follows:
Sec. 545.157. PASSING AUTHORIZED EMERGENCY VEHICLE.
(a) Requires a vehicle operator approaching a stationary authorized emergency vehicle using flashing lights, on a highway with two or more lanes traveling in the same direction,
to vacate the lane closest to the emergency situation or slow to 20 mph below the speed limit or 5 mph when the posted limit is less than 25 mph.
(b) Establishes that a violation of this section is a misdemeanor punishable by a fine of not less than $1 nor more than $200 under Section 542.401. A violation resulting in
property damage is punishable by a fine of $500. A violation resulting in bodily injury is a Class B misdemeanor.
(c) Provides that if an offense under this section is also an offense under another section of the Transportation Code or Penal Code, the actor may be prosecuted under either
or both sections.