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Constable Bruce Elfant
Notebook Archives
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Constable's Notebook - September 2009
Several issues discussed in recent Constable’s Notebook columns that impact our community
were debated during the last legislative session. This notebook will provide a brief summary of
actions taken by the legislature regarding issues that have appeared in this column since the
2007 legislative session.
Cell Phones – Dozens of bills ranging from prohibiting all use of cell phones while driving to
prohibiting minors from use while driving were filed but only one bill passed. HB 55 prohibits
the use of cell phones in school zones unless a “hands free” device is used. Fines could be as
high as $200.
Handicap Parking – Since the passage of the Americans with Disabilities Act nearly 20 years ago,
violations of state handicap parking laws are as high as ever. HB 3095 doubles the first offense
fine for illegal parking in handicap parking spaces from $250 to $500.
Identity Theft – The theft of driver’s licenses and other forms of identification have become increasingly
common and frustrating for those who have to get them replaced and clean up their credit record, etc.
Theft of a driver’s license or personal identification will increase from a Class C Misdemeanor to a
Class B. Efforts to increase the penalty to a Class A were unsuccessful.
Graffiti – Current law defines a graffiti offense only as markings made to another person’s property
with spray paint. HB 1633 expands the graffiti offense to markings made by any type of paint and increases
the amount of community service judges may order.
Domestic Violence – HB 1506 authorizes judges to require defendants to wear GPS monitoring devices. HB 2240
establishes the offense of Continuous Family Violence. The occurrence of two domestic violence incidents
within a one year period could be charged as a 3rd degree felony. SB 83 authorizes victims of domestic
violence to terminate residential leases if the perpetrator is also on the lease.
Veterans – Last year I wrote about the number of veterans returning from Iraq and Afghanistan who suffer
a wide range of physical and mental impairments. Many veterans for a variety of reasons do not seek
treatment. According to a recent study conducted by the Travis County Veterans Intervention Program
an average of 150 veterans are in the Travis County jail at any given time with charges ranging from
public intoxication to intoxication manslaughter and other violent offenses. SB 1940 requires county
courts to establish deferred prosecution programs for veterans. Those who complete court ordered
treatment and stay out of trouble can have their charges dismissed.
More information about these and other bills can be obtained at www.capitol.state.tx.us/
or by calling your state representative or senator.
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