81R4962 TRH-D
 
  By: Ortiz, Jr. H.B. No. 662
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of a motor vehicle by a person under 18
  years of age while using a wireless communications device.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 545.424, Transportation Code, is amended
  by amending Subsections (a), (b), and (c) and adding Subsections
  (b-1) and (f) 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
  Class M [motorcycle license] or moped license, during the six-month
  period following the issuance of an original Class M [motorcycle
  license] or moped license to the person, may not operate a
  motorcycle or moped[:
               [(1)]  after midnight and before 5 a.m. unless:
               (1) [(A)]  the person is in sight of the person's parent
  or guardian; or
               (2) [(B)]  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.
         (b-1)  A person under 18 years of age who holds a Class A, B,
  or C driver's license may not operate a motor vehicle, and a person
  under 17 years of age who holds a restricted Class M or moped
  license may not operate a motorcycle or moped, [; or
               [(2)]  while using a wireless communications device
  unless the wireless communications device is used:
               (1)  with a hands-free device; or
               (2)  in case of an emergency.
         (c)  Subsections (a) and (b) do [This section does] not apply
  to:
               (1)  the holder of a hardship license; or
               (2)  a person operating a motor vehicle while
  accompanied in the manner required by Section 521.222(d)(2) for the
  holder of an instruction permit.
         (f)  In this section, "hands-free device" means speakerphone
  capability or a telephone attachment or other piece of equipment,
  regardless of whether permanently installed in the motor vehicle,
  that allows use of the wireless communications device without use
  of either of the operator's hands.
         SECTION 2.  This Act takes effect September 1, 2009.