New Laws in Texas

Texasflag Many new laws take effect in Texas today (September 1).  Here are a few (paraphrasing; consult statute for actual language):

Drivers and passengers, regardless of age and seat location, must wear a seat belt (some exceptions).

Drivers under the age of 18 may not operate a motor vehicle while using a "wireless communications device."

Persons younger than 16.5 years of age may not use a tanning facility.  Persons younger than age 18 cannot use a tanning facility without parental consent given in writing at the facility.

Individuals who are wrongfully incarcerated may be eligible to receive $80,000 (formerly $50,000) for each year served.

A person may commit a third-degree felony by engaging in certain online harassment.

Additional reading (with statutory references) here

So has Texas moved into, or out of, the mainstream with these changes in its laws?

1 Comment

  1. Robert Heverly

    Tim, I wondered about the "online harassment" statute, so I looked it up at the Texas Legislature's site:

    http://www.legis.state.tx.us/billlookup/text.aspx?LegSess=81R&Bill=HB2003

    There is more to it than the site you pointed to indicates (and by omission they got some bits wrong); subdivision (a) goes to using someone else's identity on a social networking site "with the intent to harm, defraud, intimidate, or threaten any person." Subdivision (b) applies to sending E-mail with identifying information (e-mail address, domain name, phone number, etc.) from someone else, intending that the receiver believe the E-mail is from or authorized by that person, with "the intent to harm or defraud any person."

    I'm not up on my criminalization of speech these days, but this seems problematic. Both subdivisions seem to criminalize any intention to harm, even if that harm is not itself otherwise criminal (say, by truthfully injuring the target's reputation); subdivision. I'm not sure what prompted this or what the legislature was trying to get at, but I'm not sure they've done it, and in any event I'm not sure they've done it right.

    Any crim or con-law types out there care to chime in?

Leave a Reply

Your email address will not be published. Required fields are marked *