The Silver Tsunami and Its Impact on Driving Safety: A Challenge for Texas Municipal Courts

A dozen years ago, TMCEC presented a class on the “Silver Tsunami,” a term describing the growing wave of older adults in our population. The wave continues to grow and the implications for public safety, especially driving safety, are becoming more evident. This demographic shift is raising important questions for municipal courts across the state. With the majority of the Baby Boomer generation now squarely in their retirement years, the way we address traffic violations, accidents, and driver competency among aging drivers will need thoughtful consideration and tailored approaches.

Understanding the Silver Tsunami in Texas

The Silver Tsunami refers to the rapid increase in the senior population, with Baby Boomers—those born between 1946 and 1964—reaching ages where driving can become more challenging due to age-related changes in vision, reaction time, and cognitive function. According to the Texas Demographic Center, the percentage of Texans aged 65 and older is expected to nearly double by 2050. This presents multiple issues related to infrastructure, healthcare, and, crucially, road safety.

Municipal courts often serve on the frontlines of handling traffic violations and accidents, which makes them uniquely positioned to address the safety concerns associated with aging drivers.

How Aging Affects Driving Abilities

As people age, physical and cognitive changes can affect their driving skills, including:

  • Slower Reaction Times: Older adults may take longer to react to sudden changes on the road, such as a pedestrian crossing or a vehicle stopping abruptly.
  • Vision Decline: Night vision, peripheral vision, and depth perception tend to decline with age, making it harder for older drivers to navigate complex traffic situations.
  • Hearing Loss: Many older adults experience some degree of hearing loss, which can prevent them from hearing horns, sirens, or other important traffic signals.
  • Cognitive Decline: Mild cognitive impairment, dementia, or early-stage Alzheimer’s disease may affect an older driver’s judgment, memory, and ability to concentrate, increasing the likelihood of errors behind the wheel.
  • Physical Limitations: Conditions like arthritis can make it difficult to turn the wheel, press pedals, or look over one’s shoulder when changing lanes.

Impact on Driving Safety in Texas

With the increase in older drivers on the road, Texas is likely to see more cases involving elderly drivers who may not be able to operate vehicles safely. According to the National Highway Traffic Safety Administration (NHTSA), older drivers are statistically more likely to be involved in accidents at intersections, in left-hand turns, or during merging—situations that require fast decision-making and coordination.

Preparing for the Silver Tsunami

The Silver Tsunami is already here, and Texas municipal courts will play a vital role in ensuring that our roads remain safe while respecting the dignity and independence of aging drivers. For Texas municipal court personnel, staying informed about the unique needs of aging drivers, working closely with local law enforcement and social services, and implementing proactive strategies will be key to navigating this demographic shift. The wave may be inevitable, but how we respond will make all the difference.

Attend the Silver and Safe Webinar on November 7, 2024

Presented by Cindy Kovar, Program Manager of Texas A&M’s AgriLife Extension’s Silver Drivers Safe Texas, Silver and Safe will provide general information that municipal judges and other personnel need to know related to keeping older drivers as safe as possible. Topics covered will include failure to control speed, seatbelt use, distracted and impaired driving, technology, and vehicle safety features. The Texas A&M AgriLife Extension Service Mature Driver Program’s existing partnership with numerous municipal courts will also be covered. This partnership includes a course for defendants aged 55+ charged with traffic offenses.

By the end of this webinar, participants will be able to:

1) Describe the traffic safety concerns for drivers aged 55 and over;

2) Discuss how municipal courts can help address these concerns; and

3) Explain how partnerships between the Texas A&M AgriLife Extension Service Mature Driver Program and municipal courts operate.

We hope to see you there! Register today.

For help with webinar registration, see our new resources highlighted here.

Webinar Tutorial

TMCEC recently changed our Learning Management System for our Online Learning Center (OLC). Our new provider, Top Class, communicates directly with our database, so users will see credits on their transcripts quickly and reliably.

If you haven’t attended a webinar yet on the new system, it may be a little different than you’re used to. We’d like to make it as easy as possible. We’ve created three new resources. They all live on our website here.

See the Live Webinar walk-through if you like watching webinars live on Thursday mornings.

If you prefer to watch webinars at a time of your choosing, you’ll want to see the on demand walk-through.

Finally, if you’d rather read the instructions, you can download and print the instructions below!

How to register and access webinars (1)Download

We look forward to seeing you on the OLC!

The Lone Star State’s Response to Fake Temporary Tags and “Ghost Cars”

By Ned Minevitz

Before reading on, take five minutes to watch CBS Texas’s 2023 news story, The Ongoing Fight Against Ghost Cars in Texas, embedded below.

A valid registration and license plate shows that a motor vehicle is in compliance: it has undergone any required safety inspections and is covered by automobile insurance. This helps ensure other road users’ personal (as well as financial) safety. A “ghost car” is a motor vehicle with a counterfeit license plate designed to deceive other motorists and law enforcement into believing that the vehicle is in compliance. The reason ghost cars are particularly prevalent in Texas is that, as of today, Texas still permits temporary paper license plates (or “tags”) in certain situations, such as immediately following a car’s sale. Other states, such as New York, have even alerted local authorities to be on the lookout for fake Texas plates on their roads. Creating a fake temporary paper license plate is not complicated. They can be easily generated at home with nothing more than a black-and-white computer printer. What are Texas lawmakers doing to stop this alarming trend?

In 2021, in an attempt to prevent the use of legitimately created but unlawfully used temporary license plates, Texas limited the number of temporary plates vehicle dealers and converters could issue each year (H.B. 3927). But this did not address the use of counterfeit temporary plates. In 2023, Texas outlawed temporary paper license plates beginning July 1, 2025 (H.B. 718). This legislative act projects to result in a sharp decline in the number of ghost cars in Texas. It will be drastically more difficult to create a fake plate that appears legitimate to the naked eye. With fewer ghost cars, there should also be fewer complaints alleging a violation of Section 503.067 of the Transportation Code (“Unauthorized Reproduction, Purchase, Use, or Sale of Temporary Tags”) being filed in municipal court.

New Statewide MOEP Form Required Starting June 1, 2024 

by Ned Minevitz

After an arrest involving family violence or for trafficking of persons, sexual assault, indecent assault, aggravated sexual assault, or stalking, Texas magistrates may enter a Magistrate’s Order of Emergency Protection (MOEP) under Article 17.292 of the Code of Criminal Procedure. MOEPs are designed to protect the victims of such crimes. 

Beginning with MOEPs entered on or after June 1, 2024, all magistrates in Texas are required to use the new MOEP form available on the Office of Court Administration’s (OCA) Standardized Protective Order Forms webpage. This requirement is in Article 17.292(d-1) of the Code of Criminal Procedure, which was enacted in 2023 through S.B. 48. While the new form is required, a magistrate’s failure to use it does not affect the validity or enforceability of an issued MOEP. Along with the new standard MOEP, OCA has also created a new Motion to Modify MOEP and Order on Motion to Modify MOEP, which are available on the page linked above. There is no change to how MOEPs are transmitted, filed, and enforced following execution. 

The new standard forms may be filled out digitally or printed and filled out by hand. In line with Article 17.292(d-1), the forms should not be altered by courts. Any questions, suggestions, or issues related to the new forms should be directed to OCA. Should adjustments or improvements be necessary, OCA has indicated that they will revise the forms accordingly.  

Given these changes, TMCEC has removed its MOEP as well as orders related to MOEP modification from the Forms Book. During a TMCEC webinar presented by OCA’s Kimberly Piechowiak on June 6, 2024, titled The New Magistrate’s Order for Emergency Protection (available on-demand on TMCEC’s Online Learning Center),  one participant pointed out that the new MOEP provides “The Magistrate’s Record of Service is attached to this Order.” OCA has not, at this time, developed a standard Record of Service. Therefore, the Magistrate’s Record of Service of Order of Emergency Protection is still available in the Forms Book. The Clerk’s Letter: Copy of Service of Order of Emergency Protection is also still available in the Forms Book. 

Time is Running Out! Confidentiality Policy Required by May 1, 2024

New Texas Rule of Judicial Administration Rule 7.1 requires all courts to adopt a policy governing court confidentiality no later than May 1, 2024. The Supreme Court order, including the text of the rule, as well as the Supreme Court’s Confidentiality Policy and agreement is provided below.

rule-7.1-and-model-policyDownload

The Basic Requirements

The policy must: (1) define who it applies to, (2) define confidential information, (3) impose a duty of confidentiality on all court staff that continues after employment at the court ends, (4) address when, if ever, the disclosure of confidential information is authorized, (5) provide the language of relevant laws, (6) address negligent or accidental disclosure of confidential information, (7) warn of potential penalties for improper disclosure, and (8) require all court staff to acknowledge receipt of the policy in writing. The policy must be provided to all new court staff members and training on it must be given prior to the new staff member beginning any substantive work for the court. Furthermore, all existing court staff members must be provided with the policy biannually.

Where to Start

If you are scrambling to create and adopt this new policy, please know that you have a good starting point. The Texas Supreme Court has provided its Confidentiality Policy that can be used as a sample (see file above). Because this is The Supreme Court’s policy, it does not mention the municipal-court-specific confidentiality provisions contained in Articles 45.0217/45A.462, 45.0218/45A.055, and 45.313 of the Code of Criminal Procedure. TMCEC has created an adapted municipal-court-specific sample (provided below as a downloadable word document), which includes, among other things, these statutes. Arguably, these added provisions are not required in the policy, but it would create a more complete definition of “confidential information” as required under the rule.

confidentiality-policy-mc-draft2Download

Questions

Does the confidentiality policy have to be submitted to the State?

      The rule itself does not require that it be submitted to the State. The order from the Supreme Court of Texas requires the clerk of that court to file it with the Secretary of State, send it to members of the state bar and legislators, and publish in the Texas Register. Those directions are for the clerk of the Supreme Court of Texas to send the Supreme Court’s order—not a municipal court clerk to send their city’s individual policy.

      How do we adopt it? Does the city council have to adopt it?

        This rule must be adopted by every court. There is no requirement that city officials adopt a rule. Generally, a reference to a court is a reference to the judge of that court. Once a policy is created, adoption can be as simple as a signed and stamped order from the judge (or presiding judge) that the court adopts the policy as attached.

        How often do we have to provide a copy of the policy to staff?

        There has been some discussion about this. The rule requires that the policy be provided to court staff at least biannually. In the dictionary, biannually means twice a year (versus biennially which means every other year). There may be some instances where biannually is used to mean every other year, but the safe route is to follow the common definition and provide it to staff twice a year.

        What does the training have to look like?

        This will be up to each court. There are no specifics as to what the training must consist of. The rule requires that all new court staff members be provided with the policy and be trained on it prior to beginning any substantive work for the court.

        Does this apply to volunteers or third-party workers that might work with the court?

        The model rule mentions “employees of this court.” It gives no clues beyond that. Each court, within its rule, is to define who it applies to—so there is some room for flexibility here. The model rule includes this sentence:

        This policy applies to all Court staff, including interns.

        This sentence could be modified to specify who it applies to in your specific court. If you want to include volunteers, independent contractors, etc., this would be where to include them.

        Fifth Circuit Denies Texas’ Motion — S.B. 4 Not in Effect Until Court Decides Legality

        Last night, the Fifth Circuit Court of Appeals denied Texas’ motion to stay pending appeal. This means that S.B. 4 is not in effect as we wait for the court to determine the legality of the new immigration law. See the full decision below.

        2024.03.26.d-non-dispositiveDownload

        Updated Federal Court Activity Timeline

        • February 29, 2024: The U.S. District Court for the Western District of Texas granted a preliminary injunction enjoining the enforcement of S.B. 4 because it violated the Supremacy Clause of the U.S. Constitution. Article VI, Clause 2 of the U.S. Constitution, the Supremacy Clause, establishes that the U.S. Constitution and any federal laws made pursuant to it constitute the supreme law of the land and thus take precedence over any conflicting state laws.
        • March 2, 2024: The Fifth Circuit Court of Appeals ordered a temporary administrative stay overturning the District Court’s injunction. The Fifth Circuit, however, placed a seven-day stay on its administrative stay to give the federal government an opportunity to appeal this decision to the U.S. Supreme Court. The Fifth Circuit also stated that it will hear oral arguments on the constitutionality of S.B. 4 as soon as possible.
        • March 4, 2024: The U.S. Supreme Court ordered an administrative stay on the Fifth Circuit’s order until 4:00 p.m. (CDT) on March 13, 2024. The Supreme Court further ordered Texas to submit a response by March 11.
        • March 12, 2024:The U.S. Supreme Court extended the administrative stay on the Fifth Circuit’s order until 4:00 p.m. (CDT) on March 18, 2024.
        • March 18, 2024: Justice Alito extended the administrative stay barring S.B. 4 from taking effect.
        • March 19, 2024: The U.S. Supreme Court vacated its stay, allowing Texas to enforce its new immigration law.
        • March 19, 2024: The Fifth Circuit Court of Appeals dissolved the stay, which allowed the preliminary injunction from the federal district court to bar S.B. 4 until the court considered a motion from Texas to stay the injunction pending appeal.
        • March 20, 2024: The Fifth Circuit heard oral argument of Texas’ motion to stay the injunction.
        • March 26, 2024: The Fifth Circuit denied Texas’ motion. S.B. 4 will not take effect until the legality of the law is determined on appeal.

        S.B. 4 Back on Ice After Briefly Taking Effect, Oral Arguments Scheduled Today

        Late last night, a panel concluded that the administrative stay entered allowing S.B. 4 to take effect should be lifted. The stay was dissolved. This means that the preliminary injunction from the federal district court is barring S.B. 4 until the court considers Texas’ motion to stay the injunction pending appeal. This has been quite the back and forth. Oral arguments begin today at 10:00 am. See last night’s order below.

        administrative-stay-dissolvedDownload

        Texas Illegal Immigration Law Takes Effect Today, For Now

        Relying on procedure rather than substance, the U.S. Supreme Court vacated its stay from yesterday, allowing Texas to enforce its new immigration law, SB 4. Essentially, the SCOTUS said it’s not in their purview to consider the merits of the 5th Circuit’s stay because the 5th Circuit used an administrative stay rather than a stay pending appeal. See the full concurring opinion along with two dissenting opinions below:

        alito-orders-vacated-concurring-and-dissentsDownload

        The U.S. 5th Circuit Court of Appeals is scheduled to hear oral arguments in the case on Wednesday, March 20, 2024. The 5th Circuit on March 2, 2024 ordered a temporary administrative stay overturning the U.S. District Court’s preliminary injunction barring the enforcement of S.B. 4.

        S.B. 4 Not in Effect – Justice Alito Extends Stay Indefinitely

        Supreme Court Justice Alito once again extended the stay barring Texas’ new immigration law S.B. 4 from taking effect today. Last week’s stay expired at 4:00 p.m. (CDT) today. Today’s order extends the stay without a specific end date. See the order below:

        alito-extension-of-stay-3-18-2024Download

        Stay Tuned (and Save the Date)

        TMCEC will continue to monitor this fluid situation and keep constituents apprised of updates. Mark your calendar! S.B. 4 and recent changes regarding the confidentiality of court work product information will be the focus of a special TMCEC Morning Coffee on Thursday, March 21st at 10:00 a.m.

        SCOTUS Extends Stay on New Texas Immigration Law

        Yesterday, we told you about the latest on S.B. 4. Today, the U.S. Supreme Court has extended the stay until March 18, 2024. This pushes the earliest effective date of the new illegal immigration law to next Monday.

        extended-stayDownload

        Updated Federal Court Activity Timeline

        • February 29, 2024: The U.S. District Court for the Western District of Texas granted a preliminary injunction enjoining the enforcement of S.B. 4 because it violates the Supremacy Clause of the U.S. Constitution. Article VI, Clause 2 of the U.S. Constitution, the Supremacy Clause, establishes that the U.S. Constitution and any federal laws made pursuant to it constitute the supreme law of the land and thus take precedence over any conflicting state laws.
        • March 2, 2024: The Fifth Circuit Court of Appeals ordered a temporary administrative stay overturning the District Court’s injunction. The Fifth Circuit, however, placed a seven-day stay on its administrative stay to give the federal government an opportunity to appeal this decision to the U.S. Supreme Court. The Fifth Circuit also stated that it will hear oral arguments on the constitutionality of S.B. 4 as soon as possible.
        • March 4, 2024: The U.S. Supreme Court ordered an administrative stay on the Fifth Circuit’s order until 4:00 p.m. (CDT) on March 13, 2024. The Supreme Court further ordered Texas to submit a response by March 11.
        • March 12, 2024: The U.S. Supreme Court extended the administrative stay on the Fifth Circuit’s order until 4:00 p.m. (CDT) on March 18, 2024.

        Stay Tuned (and Save the Date)

        TMCEC will continue to monitor this fluid situation and keep constituents apprised of updates. Mark your calendar! S.B. 4 and recent changes regarding the confidentiality of court work product information will be the focus of a special TMCEC Morning Coffee on Thursday, March 21st at 10:00 a.m. Additional information will be shared in the weeks and months ahead.