Following the 2019 legislative session, many Texas laws are changing on Sept. 1.
Below are some of the major laws that passed. The descriptions are just summaries of some of the high points.
HB 234: Lemonade stands
Yes, you read that right. Until now, lemonade stands were illegal in Texas. However, 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 one is pretty cut and dry – you’ll have 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. Note: Military members are exempt from the new rule
HB 547 – Hunting/fishing license
Those who forget or leave their paper license at home will 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.
HB 2048 – Increase fines/fees for drivers
This repeals the Driver Responsibility Program, which will allow hundreds of thousands of Texans who’ve had their licenses suspended to reinstate them, and 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 establishes 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 be able to give permits to qualifying beer and wine retailers so that they can make alcohol deliveries. According to the bill, the holder of a brewpub license would not be authorized to deliver alcoholic beverages directly to ultimate consumers for off-premise consumption at a location other than the licensed premise
HB 446 – Brass knuckles
Carrying brass knuckles, clubs and self-defense wild kat keychains, sometimes referred to as “kitty keychains” will now be legal to carry.
SB 1259 – Sexual assault
This law 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.
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, if taken in large doses, can cause a “high” feeling.
HB 253 – Postpartum depression
This law requires a five-year strategy to 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.”
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, go to https://capitol.texas.gov/MnuLegislation.aspx
