| 1 | 1 | | 81R5952 TRH-D |
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| 2 | 2 | | By: Truitt H.B. No. 1158 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an enhanced penalty for an operator who commits certain |
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| 8 | 8 | | traffic offenses while using a wireless communication device. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 542, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 542.407 to read as follows: |
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| 12 | 12 | | Sec. 542.407. PENALTY FOR OFFENSE COMMITTED WHILE USING |
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| 13 | 13 | | WIRELESS COMMUNICATION DEVICE. (a) In this section, "hands-free |
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| 14 | 14 | | device" means speakerphone capability or a telephone attachment or |
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| 15 | 15 | | other piece of equipment, regardless of whether permanently |
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| 16 | 16 | | installed in the motor vehicle, that allows use of the wireless |
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| 17 | 17 | | communication device without use of either of the operator's hands. |
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| 18 | 18 | | (b) An offense under this subtitle is punishable by a fine |
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| 19 | 19 | | that is at least twice the minimum fine applicable to the offense |
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| 20 | 20 | | and not more than twice the maximum fine that is applicable to the |
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| 21 | 21 | | offense if the person who commits the offense is at the time of the |
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| 22 | 22 | | offense operating a motor vehicle while using a wireless |
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| 23 | 23 | | communication device without the use of a hands-free device. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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| 25 | 25 | | to an offense committed on or after the effective date of this Act. |
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| 26 | 26 | | An offense committed before the effective date of this Act is |
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| 27 | 27 | | covered by the law in effect when the offense was committed, and the |
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| 28 | 28 | | former law is continued in effect for that purpose. For purposes of |
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| 29 | 29 | | this section, an offense was committed before the effective date of |
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| 30 | 30 | | this Act if any element of the offense occurred before that date. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2009. |
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