Changes in State Law May Affect You

October 7, 2009

Many new laws went into effect over the last month as a result of legislative action earlier this year. And because so much of what state lawmakers do in Austin affects us in our daily lives here in East Texas, I’ve provided details below on just some of our new state laws. I hope you’ll find the information useful and will, as always, contact me with any questions.

Chuck Hopson

Buckle Up

All passengers in a vehicle must now wear a safety belt no matter where they are seated. Children under the age of 5 are only allowed to ride on a motorcycle if seated in a sidecar.

Children under the age of 8, unless they are over 4 feet 9 inches, must now ride in a car seat.

New Road Rules

A minor’s driver’s license may now be suspended if they fail a breath or blood alcohol test while driving a boat or wave runner.

Individuals must establish a domicile in Texas in order to receive a driver’s license or identification card.

It is now illegal to talk on the phone while driving in a school zone unless the vehicle is stopped or a hands-free device is being used. (911 calls are exempted).

The penalty for drunk driving with a child as a passenger in the car will now include the suspension of the driver’s license.

New Texas residents will now have 90 days before they must have a Texas driver’s license in order to drive (was previously 30 days).

The penalties for driving with a suspended license or without insurance have been increased.

Persons under the age of 18 are now required to take the driving skills exam before receiving a license.

Applicants for a motorcycle license must now complete an approved training course. The helmet exemption sticker program for motorcyclists has been eliminated. There is no longer a minimum required for health insurance for injuries incurred in a motorcycle accident.

Firearms Affected

An individual who defaulted on a student loan may now get a concealed handgun license.

While carrying a concealed handgun into a bar remains a Class A misdemeanor, this violation now carries a defense if that bar fails to state clearly that 51 percent or more of its income results from the sale of alcohol.

Texas residents may now buy firearms, firearm accessories, and ammunition in any state, not just those bordering Texas.

Tougher Penalties

Minors may now be charged with public intoxication.

There are now tougher penalties for stealing a driver’s license, commercial driver’s license, or personal identification.

Penalties for dog fighting have been enhanced. The definitions of dog fighting equipment and dog fighting have been established.

Registered sex offenders must now provide their e-mail addresses when they register and restrictions on their Internet usage have been outlined.