August 27, 2019 – AAS – With more than 800 new state laws taking effect at the start of September, including the legal age for tobacco and vaping products rises from 18 to 21. SB 21 makes it illegal to buy, use or possess tobacco and vaping products for those under age 21. Violations could bring a $100 fine, although members of the military who are at least 18 years old are exempted from the new age limit. Texas becomes the 15th state to raise the legal age to 21, with similar laws in three additional states taking effect by Dec. 1, according to the Tobacco 21 advocacy group.
• HB 3582 allows people charged with a first driving while intoxicated offense to receive deferred adjudication, a form of probation. The change is meant to give defendants an incentive to get court-ordered treatment instead of pleading guilty and getting a quick sentence, raising the odds of future bouts of drinking and driving.
• Coercing a student to consume alcohol or take drugs to the point of intoxication is added to the definition of hazing, a crime under state law, under SB 38.
• Sexting without the recipient’s consent is now a Class C misdemeanor under HB 2789, providing a maximum fine of $500 for the offense of unlawful electronic transmission of sexually explicit visual material. The bill was backed by Austin-based Bumble, the female-focused dating app. Several lawyers across Texas say they’re ready to challenge the law as a violation of First Amendment speech protections, and Edmonds said he doesn’t expect the law to get much use because “it’s pretty patently unconstitutional.”
• SB 194, creating the new crime of indecent assault, takes full effect after portions took effect in June, bringing up to one year in jail for groping and unwanted sexual contact.
Prosecutors are also expected to make use of HB 667, which increases the penalty for sexual assault involving incestuous relationships to five to 99 years in prison, up from the current two to 20 years. “So many cases involve familial relations — stepfathers, uncles, cousins. I think you will see that have an impact,” Edmonds said.
A shooting rampage by a Santa Fe High School student that left 10 dead was on lawmakers’ minds last session, prompting numerous efforts to improve school safety, including money for mental health care and training to help teachers and staff identify dangers. In addition, lawmakers removed limits on the number of armed marshals, state-trained teachers and administrators allowed to bring a gun to campus. Other changes will let school employees store guns in locked vehicles on campus parking lots.
“By our count, they created about 50 new crimes this session,” said Shannon Edmonds with the Texas District and County Attorneys Association, which works to keep prosecutors up to date on legislative changes. That’s a little higher than average, but not by much, he said.
