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S.B. No. 1257
AN ACT
relating to the operation of motor vehicles; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 521.292, Transportation
Code, is amended to read as follows:
(a) The department shall suspend the person's license if the
department determines that the person:
(1) has operated a motor vehicle on a highway while the
person's license was suspended, canceled, disqualified, or
revoked, or without a license after an application for a license was
denied;
(2) is a habitually reckless or negligent operator of
a motor vehicle;
(3) is a habitual violator of the traffic laws;
(4) has permitted the unlawful or fraudulent use of
the person's license;
(5) has committed an offense in another state or
Canadian province that, if committed in this state, would be
grounds for suspension;
(6) [has violated a restriction or an endorsement
imposed on the use of the license;
[(7)] has been convicted of two or more separate
offenses of a violation of a restriction imposed on the use of the
license;
(7) [(8)] has been responsible as a driver for any
accident resulting in serious personal injury or serious property
damage;
(8) [(9)] is the holder of a provisional license
issued under Section 521.123 and has been convicted of two or more
moving violations committed within a 12-month period; or
(9) [(10)] has committed an offense under Section
545.421.
SECTION 2. Subsection (a), Section 522.004, Transportation
Code, is amended to read as follows:
(a) This chapter does not apply to:
(1) a vehicle that is controlled and operated by a
farmer and:
(A) used to transport agricultural products,
farm machinery, or farm supplies to or from a farm;
(B) used within 150 miles of the person's farm;
and
(C) not used in the operations of a common or
contract motor carrier;
(2) a fire-fighting or emergency vehicle necessary to
the preservation of life or property or the execution of emergency
governmental functions, whether operated by an employee of a
political subdivision or by a volunteer fire fighter;
(3) a military vehicle, when operated for military
purposes by military personnel, including:
(A) active duty military personnel, including
personnel serving in the United States Coast Guard; and
(B) members of the reserves and national guard on
active duty, including personnel on full-time national guard duty,
personnel engaged in part-time training, and national guard
military technicians;
(4) a recreational vehicle that is driven for personal
use;
(5) a vehicle that is owned, leased, or controlled by
an air carrier, as defined by Section 21.155, and that is driven or
operated exclusively by an employee of the air carrier only on the
premises of an airport, as defined by Section 22.001, on service
roads to which the public does not have access; or
(6) a vehicle used exclusively to transport seed
cotton modules or cotton burrs.
SECTION 3. Section 522.081, Transportation Code, is amended
by adding Subsection (g) to read as follows:
(g) A person who holds a commercial driver's license is
disqualified from operating a commercial motor vehicle if the
person's driving is determined to constitute an imminent hazard
under 49 C.F.R. Section 383.52. The disqualification is for the
disqualification period imposed under that section and shall be
noted on the person's driving record.
SECTION 4. Subsections (a) and (b), Section 545.424,
Transportation Code, are amended to read as follows:
(a) A person under 18 years of age, during the six-month
period following issuance of an original Class A, B, or C driver's
license to the person, may not operate a motor vehicle:
(1) after midnight and before 5 a.m. unless the
operation of the vehicle is necessary for the operator to attend or
participate in employment or a school-related activity or because
of a medical emergency; [or]
(2) with more than one passenger in the vehicle under
21 years of age who is not a family member; or
(3) while using a wireless communications device.
(b) A person under 17 years of age who holds a restricted
motorcycle license or moped license, during the six-month period
following the issuance of an original motorcycle license or moped
license to the person, may not operate a motorcycle or moped:
(1) after midnight and before 5 a.m. unless:
(A) [(1)] the person is in sight of the person's
parent or guardian; or
(B) [(2)] the operation of the vehicle is
necessary for the operator to attend or participate in employment
or a school-related activity or because of a medical emergency; or
(2) while using a wireless communications device.
SECTION 5. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.425 to read as follows:
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE BY
CERTAIN MOTORISTS. A person may not use a wireless communication
device while operating a passenger bus with a minor passenger on the
bus except in case of emergency or if the passenger bus is not in
motion.
SECTION 6. Subsection (f), Article 45.051, Code of Criminal
Procedure, is amended to read as follows:
(f) This article does not apply to:
(1) an offense to which Section 542.404 or 729.004(b),
Transportation Code, applies; or
(2) a traffic offense committed by a person who:
(A) holds a commercial driver's license; or
(B) held a commercial driver's license when the
offense was committed.
SECTION 7. Subsection (s), Article 45.0511, Code of
Criminal Procedure, is amended to read as follows:
(s) This article does not apply to an offense committed by a
person who:
(1) holds a commercial driver's license; or
(2) held a commercial driver's license when the
offense was committed.
SECTION 8. The changes in law made by this Act to Articles
45.051 and 45.0511, Code of Criminal Procedure, apply only to an
offense committed on or after September 1, 2005. An offense
committed before September 1, 2005, is covered by the laws in effect
when the offense was committed, and the former laws are continued in
effect for that purpose. For purposes of this section, an offense
was committed before September 1, 2005, if any element of the
offense was committed before that date.
SECTION 9. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1257 passed the Senate on
April 21, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 23, 2005, by a
viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1257 passed the House, with
amendments, on May 19, 2005, by the following vote: Yeas 120,
Nays 17, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor