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Of cell phones and swords things Amarilloans should know about new state laws – Amarillo.com

September 1st, 2017 12:40 pm

A spate of new laws goes into effect today following the passage of about 1,200 pieces of legislation by the state legislature during its regular session.

Texans as a whole will be able to text less unless they find themselves in a city like Amarillo where the new state law will trump more restrictive city ordinances and force a more relaxed approach.

That guy walking down the street with a sword wont be subject to arrest.

Jails will follow new mental health procedures and indigent citizens will have new pathways for dealing with minor criminal offenses.

Public safety was at the top of legislators minds during the session that ran from mid-January until the end of May and saw more than 10,000 bills filed for consideration.

Here are a few of the most watched bills that become law today and some insight into how they apply to Amarillo.

Texting and driving (HB 62)

The push for a statewide texting and driving ban has been an ongoing battle for nearly a decade, and this year it was approved by both chambers and signed into law by Gov. Greg Abbott.

The bill bans drivers from texting while a vehicle is moving and makes doing so a misdemeanor offense punishable by a fine of up to $99 on the first offense and up to $200 for repeat offenders. The law only addressees reading, writing or sending electronic messages. So theres going to be a learning curve for police, because certain defenses such as using the phone for a map, for music or for anything other than texting could be used.

Amarillo adopted a hands-free ordinance in September 2012 that was enacted on Jan. 3, 2013. Amarillos local ordinance only allowed drivers to send or view text messages while legally parked, not stopped at a red light, and banned all use of mobile or electronic devices while driving unless they are connected to a hands-free device or for certified emergencies.

The texting and driving law will be uniform for the whole state. This way people can travel from town to town and not have to worry about the laws being different, Amarillo Police Department Office Jeb Hilton said of the new law. The major difference in the state law and the previous city ordinance is that you can now text while stopped at a stop sign or stop light. Our officers will continue to do their best to enforce the law.

Hilton said that from January 1 through July 31, APD wrote 619 citations and issued 244 warnings for use of wireless comunication devices.

While APD will enforce the new law, not everyone associated with the city was happy with the development while it was in special session.

Im really proud of the leadership our city showed five years ago when we enacted that law, Amarillo Mayor Ginger Nelson said of the citys ban on texting and driving. Because this is a public safety issue that will actually decrease the level safety, I am concerned about that.

Large knives (HB 1935)

Its not getting the same chatter as gun laws, but starting next month citizens can openly carry large knives.

State Rep. John Frullo, R-Lubbock, championed a bill that got passed allowing citizens to openly carry large knives in most areas of the state. The bill allows individuals to now carry knives with blades longer than 5 inches, except in certain areas like schools, hospitals and places of worship.

The new knife laws change the wording form illegal knives to location-restricted knives. What this means is that every knife is now legal to carry whether concealed or in the open, Hilton explained. There will still be places that you cannot carry a knife that has a blade that is over 5 inches in length. These include schools, polling places, secure areas of airports, hospitals, churches and bars.

Swords, machetes, Bowie knives and sabers will now be perfectly fine to tote around.

We might see people carrying swords or machetes when the law first goes into effect, but I think once they realize how inconvenient it is things will change, Hilton added. APD wants to stress that there is no reason to call the police just because someone is carrying a large knife or sword in the open, but if they are carrying or using the weapon in a threatening manner be sure to give us a call.

Misdemeanor fines (HB 351)

State lawmakers passed a law aimed at keeping low-income individuals who commit minor offenses out of jail trying to prevent whats often referred to as debtors prisons.

The new law gives judges more leeway in issuing fines and costs for things such as failing to pay parking or speeding tickets, and even the ability to substitute community service for legal fees.

The law aims to make it easier for low-income and low-level offenders to get out of jail, something that local attorneys and prosecutors support with some reservations.

Randall County Distrct Attorney James Farren said he thinks getting low-level and low-income offenders out of jail quickly could help to ease costs by freeing up jail cells, which are a daily expense for taxpayers when occupied. It would also free up space for those who commit the more serious offenses.

Potter County Attorney Scott Brumley agrees with the bills intent but still has some reservations about what costs the city and county might incur.

As I understand, the major impact would be on misdemeanors and non-violent crimes, Brumley said earlier this year when the bill was passed by the House. My reaction I dont oppose looking at the way we improve criminal cases at the pre-trial stage, our office is aware and in agreement, but at some point the county will need a pre-trial services center.

That pre-trial services center or the lack of one in Potter County is one reason Brumley and Farren remain skeptical. The law does not address assisting counties financially to help make pre-trial arrangements for people who could be released early under the bill.

Sandra Bland Act

Lawmakers approved a bill in response to the death of Sandra Bland, who was found dead in a county jail after being held there following a routine traffic stop.

Lawmakers passed a watered-down version of what was originally discussed. The bill that goes into effect Friday mandates that county jails divert people with mental health and substance abuse issues toward treatment and mandates that independent investigations be had if a person dies in custody. The Sandra Bland Act also makes it easier for defendants to receive a personal bond if they have a mental illness or intellectual disability.

Ten other new Texas laws starting today

(HB 25) Eliminates straight-ticket party voting when casting an election ballot.

(HB 29) Allows state lottery winners who win more than $1 million to remain anonymous and prohibits the release of all personal information to the public.

(HB 1424) Prohibits drones and other small aircraft from flying over correction facilities like jails and prisons, and sports venues such as stadiums or facilities with more than 30,000 seats.

(SB 693) Mandates that a school bus be equipped with a three-point seat belt for every passenger. The bill only applies to buses that are 2018-and-newer models.

(SB 16) Reduces the first-time fee for a license to carry from $140 to $40 and the annual renewal fee from $70 to $40.

(HB 810) Allows patients with a severe chronic disease to use stem cell treatment.

(SB 179) Mandates that schools adopt policies related to cyberbullying and requires that schools report offenses. This law also created a new definition of cyberbullying.

(HB 478) If a person enters into a motor vehicle to remove a vulnerable individual, such as a child, that person is immune from civil liability for damage that may occur from entry.

(HB 214) Requires the Supreme Court of Texas and the Court of Criminal Appeals to have audio and video recordings of oral arguments and public meetings available if funds are made available.

(HB 1099) Says landlords cannot prohibit a tenants right to call police or emergency assistance.

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Of cell phones and swords things Amarilloans should know about new state laws - Amarillo.com

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