Bill Text: TX HB1352 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the use of a wireless communication device while operating a motor vehicle; creating an offense and providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-05 - Referred to Transportation [HB1352 Detail]

Download: Texas-2015-HB1352-Introduced.html

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84R874 JXC-D
By: Turner of Tarrant H.B. No. 1352

A BILL TO BE ENTITLED
AN ACT
relating to the use of a wireless communication device while
operating a motor vehicle; creating an offense and providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 545, Transportation Code, is amended by
adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. USE OF WIRELESS COMMUNICATION DEVICE
Sec. 545.381. DEFINITIONS. In this subchapter:
(1) "Hands-free device" means speakerphone capability
or a telephone attachment or other piece of equipment, regardless
of whether permanently installed in the motor vehicle, that allows
use of a wireless communication device without use of either of the
operator's hands.
(2) "Text-based communication" includes:
(A) a text message;
(B) an instant message;
(C) an e-mail; or
(D) another type of written electronic message.
(3) "Wireless communication device" means a device
that uses a commercial mobile service, as defined by 47 U.S.C.
Section 332.
Sec. 545.382. APPLICABILITY. This subchapter does not
apply to:
(1) an operator of an authorized emergency vehicle
using a wireless communication device while acting in an official
capacity; or
(2) an operator who is licensed by the Federal
Communications Commission while operating a radio frequency device
other than a wireless communication device.
Sec. 545.383. PREEMPTION. This subchapter does not preempt
a local ordinance, rule, or regulation adopted by a political
subdivision relating to the use of a wireless communication device
by the operator of a motor vehicle that is consistent with or more
stringent than the provisions of this subchapter.
Sec. 545.384. USE OF WIRELESS COMMUNICATION DEVICE TO SEND
TEXT-BASED COMMUNICATION WHILE OPERATING MOTOR VEHICLE WHEN MINOR
PRESENT; OFFENSE. (a) An operator commits an offense if the
operator uses at least one hand to read, write, or send a text-based
communication with a wireless communication device while operating
a motor vehicle when a person under 18 years of age is in the vehicle
unless the vehicle is stopped.
(b) An offense under this section is a misdemeanor
punishable by a fine of not more than $100, unless it is shown on the
trial of the offense that the defendant has been previously
convicted at least one time of an offense under this section, in
which event the offense is punishable by a fine of not more than
$200.
(c) The Texas Department of Transportation shall post a sign
at each point at which an interstate highway or U.S. highway enters
this state that informs an operator that:
(1) the use of a wireless communication device to
read, write, or send a text-based communication while operating a
motor vehicle when a person under 18 years of age is in the vehicle
is prohibited in this state; and
(2) the operator is subject to a fine if the operator
violates the prohibition.
(d) It is a defense to prosecution under this section that
the operator used a wireless communication device:
(1) in conjunction with a hands-free device;
(2) to navigate using a global positioning system or
navigation service;
(3) to report illegal activity or summon emergency
help;
(4) to read a text-based communication that the person
reasonably believes concerns an emergency; or
(5) to relay information between the operator and a
dispatcher in the course of the operator's occupational duties, if
the device was affixed to the vehicle.
Sec. 545.385. USE OF WIRELESS COMMUNICATION DEVICE WHILE
OPERATING PASSENGER BUS WITH A MINOR PASSENGER; OFFENSE. (a) An
operator commits an offense if the operator uses a wireless
communication device while operating a passenger bus with a
passenger who is under 18 years of age on the bus unless the bus is
stopped.
(b) It is an affirmative defense to prosecution of an
offense under this section that the wireless communication device
was used to make an emergency call to:
(1) an emergency response service, including a rescue,
emergency medical, or hazardous material response service;
(2) a hospital;
(3) a fire department;
(4) a health clinic;
(5) a medical doctor's office;
(6) an individual to administer first aid treatment;
or
(7) a police department.
Sec. 545.386. USE OF WIRELESS COMMUNICATION DEVICE WHILE
OPERATING MOTOR VEHICLE ON SCHOOL PROPERTY OR IN SCHOOL CROSSING
ZONE; OFFENSE. (a) An operator commits an offense if the operator
uses a wireless communication device while operating a motor
vehicle on the property of a public elementary, middle, junior
high, or high school for which a local authority has designated a
school crossing zone, during the time a reduced speed limit is in
effect for the school crossing zone, unless:
(1) the vehicle is stopped; or
(2) the operator uses the device with a hands-free
device.
(b) An operator commits an offense if the operator uses a
wireless communication device while operating a motor vehicle in a
school crossing zone unless:
(1) the vehicle is stopped; or
(2) the operator uses the wireless communication
device with a hands-free device.
(c) It is an affirmative defense to prosecution of an
offense:
(1) under this section that the wireless communication
device was used to make an emergency call to:
(A) an emergency response service, including a
rescue, emergency medical, or hazardous material response service;
(B) a hospital;
(C) a fire department;
(D) a health clinic;
(E) a medical doctor's office;
(F) an individual to administer first aid
treatment; or
(G) a police department; or
(2) under Subsection (b) that:
(A) the offense was committed in a school
crossing zone located in a political subdivision other than a
political subdivision that is in compliance with Subsection (e);
and
(B) a sign required by Subsection (d) was not
posted at the time of the offense.
(d) Except as provided by Subsection (e), a political
subdivision that enforces Subsection (b) shall post a warning sign
at each entrance to a school crossing zone in the political
subdivision. The political subdivision shall pay the costs
associated with posting the signs in the political subdivision. The
department shall adopt standards that:
(1) allow for the signs to be attached to existing
signs at a minimal cost; and
(2) require that the signs inform an operator that:
(A) the use of a wireless communication device is
prohibited in the school crossing zone; and
(B) the operator is subject to a fine if the
operator uses a wireless communication device in the school
crossing zone.
(e) A political subdivision that by ordinance or rule
prohibits the use of a wireless communication device while
operating a motor vehicle throughout the jurisdiction of the
political subdivision is not required to post a warning sign
required by Subsection (d) if the political subdivision:
(1) posts warning signs that are readable to an
operator traveling at the applicable speed limit at each point at
which a state highway, U.S. highway, or interstate highway enters
the political subdivision and that state:
(A) that an operator is prohibited from using a
wireless communication device while operating a motor vehicle in
the political subdivision; and
(B) that the operator is subject to a fine if the
operator uses a wireless communication device while operating a
motor vehicle in the political subdivision; and
(2) subject to applicable United States Department of
Transportation Federal Highway Administration rules, posts a
message that complies with Subdivision (1) on any dynamic message
sign operated by the political subdivision located on a state
highway, U.S. highway, or interstate highway in the political
subdivision.
Sec. 545.387. USE OF WIRELESS COMMUNICATION DEVICE BY
PERSON UNDER 18 YEARS OF AGE WHILE OPERATING A MOTOR VEHICLE;
OFFENSE. (a) A person under 18 years of age commits an offense if
the person operates a motor vehicle while using a wireless
communication device, except in case of emergency.
(b) A person under 17 years of age who holds a restricted
motorcycle license or moped license commits an offense if the
person operates a motorcycle or moped while using a wireless
communication device, except in case of emergency.
(c) A peace officer may not stop a vehicle or detain the
operator of a vehicle for the sole purpose of determining whether
the operator of the vehicle has violated this section.
(d) This section does not apply to a person operating a
motor vehicle while accompanied in the manner required by Section
521.222(d)(2) for the holder of an instruction permit.
SECTION 2. Sections 545.424(a), (b), and (f), 545.425, and
545.4252, Transportation Code, are repealed.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2015.