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Sec. 545.424. Operation Of Vehicle By Person Under 18 Years Of Age.

Sec. 545.424. OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS OF AGE.

(a) A person under 18 years of age may not operate a motor vehicle while using a wireless communication device, except in case of emergency. This subsection does not apply to a person licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.

(a-1) A person under 18 years of age 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.

(b) A person under 17 years of age who holds a restricted motorcycle license or moped license may not operate a motorcycle or moped while using a wireless communication device, except in case of emergency. This subsection does not apply to a person licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.

(b-1) A person under 17 years of age who holds a restricted motorcycle license or moped license, during the 12-month period following the issuance of an original motorcycle license or moped license to the person, may not operate a motorcycle or moped after midnight and before 5 a.m. unless:

(1) the person is in sight of the person's parent or guardian; or

(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.

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 438 (H.B. 62), Sec. 4

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(c) Subsection (a-1) does not apply to 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.

521.222

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 1059 (H.B. 3050), Sec. 15

3050

(c) This section does not apply to:

(1) a person operating a motor vehicle while accompanied in the manner required by Section 521.222(d)(2) for the holder of a learner license; or

521.222

(2) a person licensed by the Federal Communications Commission to operate a wireless communication device or a radio frequency device.

(d) For the purposes of this section, employment includes work on a family farm by a member of the family that owns or operates the farm.

(e) A peace officer may not stop a vehicle or detain the operator of a vehicle for the sole purpose of determining whether the operator of the vehicle has violated this section.

(f) In this section, "wireless communication device" means a handheld or hands-free device that uses commercial mobile service, as defined by 47 U.S.C. Section 332.

(g) An offense under Subsection (a) or (b) is a misdemeanor punishable by a fine of at least $25 and not more than $99 unless it is shown on the trial of the offense that the defendant has been previously convicted at least one time of an offense under either subsection, in which event the offense is punishable by a fine of at least $100 and not more than $200.

Added by Acts 2001, 77th Leg., ch. 1251, Sec. 3, eff. Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch. 357 (S.B. 1257), Sec. 4, eff. September 1, 2005.

1257

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12.11, eff. September 1, 2009.

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Acts 2009, 81st Leg., R.S., Ch. 1253 (H.B. 339), Sec. 18, eff. September 1, 2009.

339

Acts 2011, 82nd Leg., R.S., Ch. 1160 (H.B. 2466), Sec. 4, eff. September 1, 2011.

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Acts 2013, 83rd Leg., R.S., Ch. 716 (H.B. 3483), Sec. 5, eff. September 1, 2013.

3483

Acts 2013, 83rd Leg., R.S., Ch. 1101 (H.B. 3676), Sec. 1, eff. September 1, 2013.

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Acts 2017, 85th Leg., R.S., Ch. 438 (H.B. 62), Sec. 4, eff. September 1, 2017.

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Acts 2017, 85th Leg., R.S., Ch. 1059 (H.B. 3050), Sec. 15, eff. September 1, 2017.

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Local Government
Texas
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Greg Abbott
Greg Abbott
January 20, 2015 -
Republican
1-512-463-0063
112 East 11th Street, Austin, TX, 78701

Keywords
vehicle
motor
device
license
operate
communication
wireless
years
age
motorcycle