Bill Text: TX SB238 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the use of a wireless communication device by a state officer or employee while operating a motor vehicle.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-28 - Referred to Business & Commerce [SB238 Detail]
Download: Texas-2015-SB238-Introduced.html
| 84R2438 JXC-D | ||
| By: Zaffirini | S.B. No. 238 | |
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| relating to the use of a wireless communication device by a state | ||
| officer or employee while operating a motor vehicle. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 651, Government Code, is amended by | ||
| adding Section 651.011 to read as follows: | ||
| Sec. 651.011. USE OF WIRELESS COMMUNICATION DEVICE BY STATE | ||
| OFFICER OR EMPLOYEE WHILE OPERATING MOTOR VEHICLE. (a) In this | ||
| section: | ||
| (1) "Motor vehicle" has the meaning assigned by | ||
| Section 541.201, Transportation Code. | ||
| (2) "State agency" has the meaning assigned by Section | ||
| 2052.101. | ||
| (3) "Text-based communication" means data that is read | ||
| from or entered into a wireless communication device, including an | ||
| SMS text, e-mail, instant message, or other form of electronic data | ||
| retrieval or electronic data communication. | ||
| (4) "Wireless communication device" has the meaning | ||
| assigned by Section 545.425, Transportation Code. | ||
| (b) An officer or employee of a state agency may not: | ||
| (1) use a wireless communication device to read, | ||
| write, or send a text-based communication while operating a | ||
| state-owned or state-leased motor vehicle; | ||
| (2) use a wireless communication device to read, | ||
| write, or send a text-based communication while operating a motor | ||
| vehicle for state business; or | ||
| (3) use a state-owned wireless communication device to | ||
| read, write, or send a text-based communication while operating a | ||
| motor vehicle. | ||
| (c) Subsection (b) does not apply to a vehicle that is | ||
| stopped outside a lane of travel. | ||
| (d) A state agency may exempt from Subsection (b) an | ||
| officer, employee, vehicle, or device engaged in law enforcement or | ||
| emergency activities. | ||
| (e) Each state agency shall: | ||
| (1) adopt rules, policies, or programs as necessary to | ||
| promote compliance with and enforce this section, including | ||
| disciplinary policies; | ||
| (2) establish an agency awareness program that | ||
| includes information on the dangers of using a wireless | ||
| communication device while operating a motor vehicle; and | ||
| (3) encourage officers and employees of the agency to | ||
| avoid using a wireless communication device while operating a motor | ||
| vehicle for purposes other than state business purposes. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
