New laws going into effect in Texas on Sept. 1

New laws going into effect in Texas on Sept. 1

LUBBOCK, Texas (KCBD) - A number of big changes came out of Texas’ 86th Legislative session.

Here is a summary of some major laws that will be going into effect on September 1.

HB 234 - Lemonade stands

Previously illegal, as of September 1 children under the age of 18 will be able to sell non-alcoholic beverages on private property without fear of prosecution.

SB 21 - Minimum age for tobacco sales

This new law adjusts the minimum age to be at least 21 years old to purchase or consume or possess tobacco products. This includes cigarettes, e-cigarettes and all other tobacco products.

HB 2048 - Increased fines/fees for drivers

This bill allows Texans who’ve had their licenses suspended to reinstate them, by repealing the Driver Responsibility Program, and it increases state fines for traffic and intoxicated drivers violations. State traffic fines will increase from $30 to $50 and intoxicated driver fines will increase as well:

  • $3,000 for the first conviction within 36 months;
  • $4,500 for a subsequent conviction within 36 months; or
  • $6,000 for a conviction if it was shown that the person's alcohol concentration level was 0.16 or more

HB 8 - Sexual assault kit testing

This bill works to establish timelines for processing and testing of sexual assault kits. Kits will be analyzed within 90 days of receiving the evidence. A felony prosecution where a rape kit was used will require the evidence to be preserved for at least 40 years or until the statute of limitations expires.

SB 1232 - Alcohol delivery

The Texas Alcoholic Beverage Commission will give permits to qualifying beer and wine retailers so that the retailers can make alcohol deliveries. “The bill would not authorize the holder of a brewpub license to deliver alcoholic beverages directly to ultimate consumers for off-premise consumption at a location other than the licensed premise,” according to a bill analysis.

HB 1387 - School marshals

This increases the number of school marshals a campus can appoint. School's can "appoint to one marshal per 100 students in average daily attendance, or for a private school, one marshal per 100 students enrolled," according to a bill analysis.

SB 38 - Hazing

This redefines hazing to be more inclusive of certain actions. Namely, the consumption of alcohol. The law also gives immunity from civil and criminal liability to anyone who voluntarily reports a hazing incident in certain situations.

HB 446 - Brass knuckles

This makes it legal to carry brass knuckles, clubs and self-defense wild kat keychains, sometimes referred to as “kitty keychains.”

HB 1518 - Cough syrup

This prohibits the sale of dextromethorphan to customers under the age of 18. Dextromethorphan is commonly used in cough suppressants and can cause a "high" feeling if taken in large doses.

HB 253 - Postpartum depression

This law requires a five-year strategy be implemented for improving access to postpartum depression screenings, referrals, treatment and support services. Part of the strategy includes "raising public awareness of and reducing stigma related to postpartum depression," according to a bill analysis.

HB 547 - Hunting/fishing license

If you forget your paper license at home you no longer have to worry. You can show proof of licensure on your phone via the Parks and Wildlife Department website or a photo of the license. Texas requires anyone 17 years of age or older to have licenses and permits in order to go freshwater or saltwater fishing in public waters.

SB 1259 - Sexual assault

This expands the parameters of the definition of sexual assault. If a health service provider uses "human reproductive material from a donor knowing that the other person had not expressly consented to the use of material from that donor," it is considered sexual assault, according to the new law.

The above definitions are not all encompassing or representative of the entire text of the new state law. For full information on each individual law, click the corresponding hyperlink.

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