Texas Child Passenger Law
[ No Comments ] Posted on 07.28.09 under General Texas Defensive Driving
Texas child passenger safety laws require children younger than five years of age and less than 36 inches in height to ride in an approved car seat. Beginning September 1, 2009, a new law requires children under age 8 to ride in a booster seat, unless they are 4′9″ tall.
Additionally, Texas law states that during the operation of the vehicle, the child must be properly secured in the car seat or booster seat according to the instructions of the manufacturer of the safety seat system.
HB 823 Clarifies Right to Carry Handgun in Vehicle
[ No Comments ] Posted on 01.13.09 under General Texas Defensive Driving
The following press release was issued today by State Representative Terry
Keel regarding HB 823.
TO: Media
FROM: Terry Keel, State Representative, Austin
RE: HB 823 by Keel, Effective 9/1/05 Clarifies Right to Carry Handgun in Vehicle While Traveling
DATE: August 30, 2005
PRESS RELEASE
It is well established in Texas that a person who is traveling has a right to possess a handgun for personal protection. The practical problem with this right has historically been that courts have disagreed on the definition of “traveling”. The legislature has likewise never defined “traveling” because a definition invariably has the unintended effect of unfairly limiting the term to a narrow set of circumstances.
HB 823 becomes effective September 1, 2005, shoring up the right of citizens to carry a concealed handgun while traveling. There have been many inquiries to my office from citizens and media regarding the upcoming change in the law and what it means.
HB 823 provides for a legal presumption in favor of citizens that they are travelers if they are in a private vehicle with a handgun that is not in plain view, they are not otherwise engaged in unlawful activity nor otherwise prohibited by law from possessing a firearm, and they are not a member of a criminal street gang.
In plain terms, a law-abiding person should not fear arrest if they are transporting a concealed pistol in a motor vehicle. There is no longer the need for a law enforcement officer to apply a subjective definition of what constitutes “traveling” where the citizen is cloaked with the presumption per the terms of the new statute. Under those circumstances the citizen should be allowed to proceed on their way.
HB 823 represents the first time a presumption has been crafted in favor of a defendant in the modern penal code of Texas. The presumption applies unless the prosecution proves beyond a reasonable doubt that the facts giving rise to the presumption do not exist. If the state fails to prove beyond a reasonable doubt that the facts giving rise to the presumption do not exist, the jury must find that the presumed fact exists. By enacting this evidentiary standard in conjunction with the presumption, the legislation is intended to have the practical effect of preventing in the first place the arrest of citizens who meet the newly specified prerequisites of being a presumed traveler.
It should be noted that the very real problem of citizens having to prove their innocence after arrest by the assertion of their right to carry a firearm while traveling was the reason for a 1997 legislative change which replaced the “defense” of traveling with a classification of the statute of UCW as instead entirely “inapplicable” to a traveler. This change was well-intentioned but did not have the intended effect of protecting honest citizens from potential arrest because the term “traveling” was still left to individual police or judicial officials to define on a case-by-case basis. As a consequence, law-abiding citizens who availed themselves of their right to have a handgun while traveling continued to face arrest and often later prevailed only in a court of law after proving that they were indeed traveling.
In enacting HB 823, the 79th legislature, like all previous legislatures, declined to define traveling as a narrow set of particular circumstances. For example, to require someone to have an overnight stay in a journey in order to be classified as a traveler would be unfair to persons traveling great distances in one day. Likewise, a requirement that a citizen be “crossing county lines” may make no sense, such as in areas of Texas where travelers drive hundreds of miles without leaving a single county. Moreover, the ability of police to elicit such evidence and consistently apply its subjective terms on the street in a traffic stop has not proven practical, at all. The new statute instead focuses on a defined set of relevant, objective facts that are capable of being determined on the spot by law officers.
There are several additional important points that should be made in regard to the enactment of HB 823 and its interface with current law.
HB 823 does not give “everyone the right to carry a gun in a car”. State and federal laws applicable to firearms must be noted in conjunction with the new statute’s terms, particularly the limitation of the presumption to persons who are “not otherwise prohibited by law from possessing a firearm.” For example, persons subject to an active protective order are not covered by the presumption, nor are persons with any felony conviction or even some misdemeanor convictions for offenses, e.g., family violence. The presumption is likewise inapplicable to persons associated with a criminal street gang, even if they have no conviction for any offense. These as well as all other existing limitations on firearm ownership and/or possession make the new statute inapplicable to persons covered by such prohibitions.
Furthermore, as stated in the statute, the presumption will not apply to persons who are otherwise engaged in any criminal conduct. This would include persons who are driving while intoxicated, driving recklessly, committing criminal mischief, or committing any other criminal offense outside that of a minor traffic infraction.
The presumption also does not apply where the gun is openly displayed.
The enactment of HB 823 was the culmination of study, committee hearings and debate by the House Committee on Criminal Jurisprudence. I am confident that the new law will assist law enforcement in doing its job while at the same time protecting law-abiding citizens from the threat of arrest for merely exercising their right to arm themselves while traveling—-a right to which they are already entitled.
For further information, contact State Representative Terry Keel, 512-463-0652.
Houston Defensive Driving
[ No Comments ] Posted on 10.27.08 under General Texas Defensive Driving
A deputy police officer responded to a report of a loud disturbance in a neighborhood. The “disturbance” turned out to be drunk and well over six feet tall weighing almost 300 pounds. The drunk boasted that he could whip all the deputies that could possibly show up, after he finished his beer.
Said the policeman, “I’ll bet that you’re also an escape artist-probably better than Houdini.”
The giant drunk nodded … yeah
“If I had some chains,” the deputy continued, “you could show us how strong you really are. But all I’ve got is a set of handcuffs. Why don’t you see just how quickly you can break out of them?”
Once in the cuffs, the man puffed, pulled and jerked for four minutes. “I can’t get out of these,” the giant growled.
“Are you sure?” the deputy asked. The fellow tried again. “Nope,” he replied. “I can’t do it.”
“In that case,” said the deputy, “you’re under arrest.”
Cop Talk - Please Stop!
[ No Comments ] Posted on 07.14.08 under General Texas Defensive Driving
Yes, our community seems to have a lot of stop signs but let’s think about why.
Stop signs were installed to provide safety not only for vehicles but pedestrians at our intersections. These are generally based on the traffic flow of intersecting streets. The Texas Transportation Code (§544.010) “Stop signs and yield signs” states:
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Unless directed to proceed by a police officer or traffic control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign shall stop as provided by Subsection (c).
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If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c)
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An operator required to stop by this section shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a full view of approaching traffic on the intersecting roadway.
To be considered as making a legal stop, the operator of a vehicle must cease all forward movement. A good indicator of this is when the vehicle wheels have completely stop rolling. We have all heard of the “California” rolling stop. This describes a vehicle which slows at the stop sign and slowly rolls on through the intersection. Well, that might work in California but it won’t pass muster here!
Please remember our children, walkers and joggers. Be a courteous and safe driver while operating your vehicle in our community.
Slow Down or Change Lanes for Stopped Emergency Vehicles on Texas Roadwasy
[ No Comments ] Posted on 07.09.08 under General Texas Defensive Driving
SB 193 requires drivers on Texas roads nearing stopped emergency vehicles-with lights activated -to either slow down or change lanes.
The Texas law states a driver must either vacate the lane closest to the stopped emergency vehicle if the road has multiple lanes traveling in the same direction or slow down 20 miles per hour below the speed limit. (If the speed limit is below 25 mph the driver must slow down to 5 mph.)
Emergency vehicles include police, emergency medical service and fire vehicles.
A violation is punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.
The new law was passed in the last regular session of the Texas Legislature and went into effect back in Sept. 1, 2003.
Texas Car Seat Law clarified
[ No Comments ] Posted on 07.09.08 under General Texas Defensive Driving
Public Information Office
(512) 424-2080
September 7, 2005
New Car Seat Law Clarified
DPS Urges Maximum Protection
There has been some confusion about a new state law that requires that all children younger than 5 years of age and less than 36 inches tall to be in a child safety seat system in the State of Texas. (”Child safety seat system” includes car seats and booster seats, including high-back and backless boosters.)
“Parents need to remember the law sets forth minimum safety standards. In fact, experts recommend that most children need to continue in booster seats until they reach around 4 feet, 9 inches tall,” said Col. Thomas Davis Jr., director of DPS. “We hope parents will not just look at the legal requirements, but also consider what is safest for their children.”
Because of the changes in the wording of the law (HB183), the following legal interpretation should be applied:
- Once the child reaches five years old, they are not legally required to be in a child safety seat system.
- If they are 36 inches or taller, again, they are not legally required to be in a child safety seat system.
- However, if the child is both less than five years old and less than 36 inches in height, they are legally required to be in a car seat or booster seat.
The law also requires that safety seats be used according to the manufacturer’s instructions, including height and weight guidelines.
A child in a poorly-fitting seat belt usually slumps down, allowing the seat belt to ride up into their abdomen or neck, which can cause severe injuries to the child’s neck and internal organs during a car crash.
To know when a child can wear a seat belt properly without a booster seat, use this simple test:
Have your child sit on the vehicle seat, sitting all the way back, with their back straight against the back of the seat, and buckle the lap/shoulder belt over them.
1. Do their legs bend naturally at the knees over the edge of the seat?
2. Does the lap portion of the belt fit over the top of their thighs?
3. Does the shoulder portion of the belt fit across the center of their chest?
If the answer to any of these three questions is no, the child may be better protected in a booster seat.
Although there is no law that prevents youngsters from sitting in the front seat of a vehicle, the safest place for a child in a car is in a rear seat, properly buckled into a child safety seat or a booster seat.
Air bags don’t replace child safety seats and may increase the risk of serious injury to children. Children younger than 13 should never ride in the front seats of vehicles with active passenger air bags.
For more information on proper child seat installation and use, please see the National Highway Traffic Safety Administration website at http://www.nhtsa.dot.gov/CPS/safetycheck/TypeSeats/.
Information for the News Media
Public Information Office
(512) 424-2080
New traffic, Texas criminal laws set into effect back in September 1 2005
[ No Comments ] Posted on 07.09.08 under General Texas Defensive Driving
Texas Statutes, including the Transportation Code
Notable traffic and criminal Texas laws that go into effect on September 1 (unless noted otherwise) include the following:
SB 1257 prohibits use of wireless communications devices (including cell phones) for the first six months after teenagers get their driver licenses. The bill also prohibits passenger bus drivers transporting minors from using wireless 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 Texas driver license (DL) suspension for a person convicted of providing 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.
makes it a Class B misdemeanor if a person drives around a barricade where a warning sign or barricade has been placed because 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 in a 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 in the state of Texas, 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 neighborhood electric vehicles and motor assisted scooters and allows municipalities to regulate the use of motor assisted scooters on roadways and sidewalks.
SB 1257 disqualifies a person from operating a commercial motor vehicle if the person’s driving is determined to constitute an imminent hazard.
HB 754 increases the maximum fine to $500 for violating laws related to transporting loose material—and requires all commercial motor vehicles transporting aggregates or refuse to completely cover the load-carrying compartment.
SB 1258 specifies that an original commercial 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 on I-10 or I-20 in Crockett, Culberson, Hudspeth, 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 trucks and light trucks pulling a trailer. This bill took effect immediately.
SB 1670 requires the Department of Insurance, 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 become an organ donor when they are issued or renew their driver license or ID card.
New traffic, criminal Texas laws that went into effect September 1 2007
[ No Comments ] Posted on 07.09.08 under General Texas Defensive Driving
Notable traffic and criminal laws that go into effect on September 1 in Texas (unless noted otherwise)
include the following:
HB 84, known as Katie’s Law, requires drivers in Texas 85 years of age and above to pass a vision test to
have their driver license renewed. Licenses will be valid for two years instead of six. Drivers age
79 and older are not allowed to renew their driver licenses electronically.
HB 586 prohibits a driver who is issued a speeding ticket and found guilty of driving at a speed
of 95 miles per hour or higher from taking a Texas driving safety class to dismiss the ticket.
SB 369 prohibits the use of blurring or reflective matter on a license plate that significantly
impairs the readability of the state name and license plate numbers and letters; prohibits the use
of material or an apparatus that alters or obscures one-half or more of the state name; and
prohibits using material that obscures the license plate number or plate color.
SB 153 makes it an offense for the accompanying licensed passenger of a driver with a learner’s
permit to sleep, be intoxicated or to engage in any activity that prevents the passenger from
observing and responding to the actions of the driver of the vehicle.
HB 323 requires all new buses purchased by a school district on or after September 1, 2010 to be
equipped with lap/shoulder seatbelts. All buses contracted for use by a school district on or after
September 1, 2011 must be equipped with lap/shoulder seatbelts. (The bill’s provisions will not
take effect unless the legislature appropriates the necessary funds to school districts to cover the
expenses of such changes.)
[ No Comments ] Posted on 07.09.08 under General Texas Defensive Driving
One Sunday, sitting on the side of the Texas highway waiting to catch speeding drivers, a State Police Officer sees a car puttering along at 22 MPH.
He thinks to himself, “This driver is just as
dangerous as a speeder!” So he turns on his
lights and pulls the driver over.
Approaching the car, he notices that there are five old ladies - two in the front seat and three in the back - wide eyed and white as ghosts. The driver, obviously confused, says to him, “Officer, I don’t understand, I was doing exactly the speed limit! I always go exactly the speed limit. What seems to be the problem?”
“Ma’am,” the officer replies, “you weren’t speeding, but you should know that driving slower than the speed limit can also be a danger to other drivers.”
“Slower than the speed limit? No sir, I was doing the speed limit exactly! Twenty-two miles an hour!” the old woman says a bit proudly.
The State Police officer, trying to contain a chuckle explains to her that “22″ was the route number, not the speed limit.
A bit embarrassed, the woman grinned and thanked the officer for pointing out her error.
“But before I let you go, Ma’am, I have to ask . . . Is everyone in this car OK? These women seem awfully shaken and they haven’t muttered a single peep this whole time,” the officer asks with concern.
“Oh, they’ll be all right in a minute officer. We just got off Route 119.”
Speeding in Texas
[ No Comments ] Posted on 06.26.08 under General Texas Defensive Driving
A police officer pulls a guy over for speeding and has the following exchange:
Officer: May I see your driver’s license?
Driver: I don’t have one. I had it suspended when I got my 5th DUI.
Officer: May I see the owner’s card for this vehicle?
Driver: It’s not my car. I stole it.
Officer: The car is stolen?
Driver: That’s right. But come to think of it, I think I saw the owner’s card in the glove box when I was putting my gun in there.
Officer: There’s a gun in the glove box?
Driver: Yes sir. That’s where I put it after shot and killed the woman who owns this car and stuffed her in the trunk.
Officer: There’s a BODY in the TRUNK?!?!?
Driver: Yes, sir.
Hearing this, the officer immediately called his captain. The car was quickly surrounded by police, and the captain approached the driver to handle the tense situation:
Captain: Sir, may I see your license?
Driver: Sure. Here it is. It was valid.
Captain: Whose car is this?
Driver: It’s mine, officer. Here’s the owner’s card. The driver owned the car.
Captain: Could you slowly open your glove box so I can see if there’s a gun in it?
Driver: Yes, sir, but there’s no gun in it. Sure enough, there was nothing in the glove box.
Captain: Would you mind opening your trunk? I was told you said there’s a body in it.
Driver: No problem. Trunk is opened; no body.
Captain: I don’t understand it. The officer who stopped you said you told him you didn’t have a license, stole the car, had a gun in the glovebox, and that there was a dead body in the trunk.
Driver: Really? Ain’t that something? And I’ll bet the lying sucker told you I was speeding, too …
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