Bill Text: TX SB92 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to distracted driving; adding a provision subject to a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-19 - Filed [SB92 Detail]
Download: Texas-2017-SB92-Introduced.html
| By: Zaffirini | S.B. No. 92 | |
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| relating to distracted driving; adding a provision subject to a | ||
| criminal penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 542, Transportation Code, | ||
| is amended by adding Section 542.2034 to read as follows: | ||
| Sec. 542.2034. LIMITATION ON LOCAL AUTHORITIES' REGULATION | ||
| OF DISTRACTED DRIVING. (a) In this section, "wireless | ||
| communication device" has the meaning assigned by Section 545.425. | ||
| (b) Except as provided by Subsection (c), a local authority | ||
| may not regulate or prohibit distracted driving, including the use | ||
| of a wireless communication device while operating a motor vehicle. | ||
| (c) A local authority may enforce the laws of this state | ||
| relating to distracted driving, including Sections 545.4015, | ||
| 545.424, 545.425, 545.4251, and 545.4252. | ||
| SECTION 2. Subchapter I, Chapter 545, Transportation Code, | ||
| is amended by adding Section 545.4015 to read as follows: | ||
| Sec. 545.4015. DISTRACTED DRIVING. (a) In this section, | ||
| "hands-free device" and "wireless communication device" have the | ||
| meanings assigned by Section 545.425. | ||
| (b) A person may not operate a moving motor vehicle while | ||
| engaging in an activity that is not related to the operation of the | ||
| motor vehicle and interferes with the operator's ability to safely | ||
| operate the vehicle. Activities that may interfere with an | ||
| operator's safe operation may include: | ||
| (1) eating; | ||
| (2) reading; | ||
| (3) interacting with a passenger; | ||
| (4) personal grooming, including applying cosmetics; | ||
| (5) using an entertainment system; or | ||
| (6) using a wireless communication device. | ||
| (c) Except as otherwise provided by this section, use of a | ||
| wireless communication device by an operator of a motor vehicle to | ||
| send an electronic message while the vehicle is moving is prima | ||
| facie evidence that the operator was distracted. | ||
| (d) It is an affirmative defense to prosecution of an | ||
| offense under this section that solely involved the use of a | ||
| wireless communication device that the operator used the device: | ||
| (1) in conjunction with a hands-free device; | ||
| (2) to navigate using a global positioning system or | ||
| navigation system; | ||
| (3) to report illegal activity, summon emergency help, | ||
| or enter information into a software application that provides | ||
| information relating to traffic and road conditions to users of the | ||
| application; | ||
| (4) to read a message that the person reasonably | ||
| believed concerned an emergency; or | ||
| (5) that was permanently or temporarily affixed to the | ||
| vehicle to relay information in the course of the operator's | ||
| occupational duties between the operator and: | ||
| (A) a dispatcher; or | ||
| (B) a digital network or software application | ||
| service. | ||
| (e) The affirmative defenses in Subsections (d)(1), (2), | ||
| (4), and (5) are not available for an offense under this section | ||
| committed by a person under 18 years of age or by a person operating | ||
| a school bus with a minor passenger on the bus. | ||
| (f) It is a defense to prosecution of an offense under this | ||
| section that solely involved the use of a wireless communication | ||
| device that at the time of the offense the operator was: | ||
| (1) an operator of an authorized emergency or law | ||
| enforcement vehicle using a wireless communication device while | ||
| acting in an official capacity; or | ||
| (2) an operator of a commercial motor vehicle, other | ||
| than a school bus with a minor passenger on the bus, using a | ||
| wireless communication device while acting in the scope of the | ||
| operator's employment if the use is allowed under federal motor | ||
| carrier safety regulations, as defined by Section 644.001. | ||
| (g) It is a defense to prosecution of an offense under this | ||
| section that solely involved the use of a radio frequency device | ||
| that at the time of the offense the operator was licensed by the | ||
| Federal Communications Commission and the use occurred during an | ||
| emergency. | ||
| SECTION 3. The heading to Section 545.425, Transportation | ||
| Code, as effective September 1, 2017, is amended to read as follows: | ||
| Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE IN A | ||
| SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR | ||
| PASSENGER; LOCAL AUTHORITY [ |
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| REQUIREMENTS; OFFENSE. | ||
| SECTION 4. Section 545.425(b-1), Transportation Code, is | ||
| amended to read as follows: | ||
| (b-1) A [ |
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| municipality, county, or other local authority [ |
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| complies with the standards described by this subsection at the | ||
| entrance to each school crossing zone in the municipality, county, | ||
| or other local authority [ |
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| shall adopt standards that: | ||
| (1) allow for a sign required to be posted under this | ||
| subsection to be attached to an existing sign at a minimal cost; and | ||
| (2) require that a sign required to be posted under | ||
| this subsection 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. | ||
| SECTION 5. (a) Sections 545.425(b-2) and 545.4251(j), | ||
| Transportation Code, as effective September 1, 2017, are repealed. | ||
| (b) Sections 545.425(b-3), (b-4), (d-1), and (f) and | ||
| 545.4252(e), Transportation Code, are repealed. | ||
| SECTION 6. The changes in law made by this Act apply 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 7. This Act takes effect September 1, 2017, if it | ||
| receives a vote of two-thirds of all the members elected to each | ||
| house, as provided by Section 39, Article III, Texas Constitution. | ||
| If this Act does not receive the vote necessary for effect on that | ||
| date, this Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
