81R5952 TRH-D
By: Truitt H.B. No. 1158
A BILL TO BE ENTITLED
AN ACT
relating to an enhanced penalty for an operator who commits certain
traffic offenses while using a wireless communication device.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 542, Transportation Code,
is amended by adding Section 542.407 to read as follows:
Sec. 542.407. PENALTY FOR OFFENSE COMMITTED WHILE USING
WIRELESS COMMUNICATION DEVICE. (a) In this section, "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 the wireless
communication device without use of either of the operator's hands.
(b) An offense under this subtitle is punishable by a fine
that is at least twice the minimum fine applicable to the offense
and not more than twice the maximum fine that is applicable to the
offense if the person who commits the offense is at the time of the
offense operating a motor vehicle while using a wireless
communication device without the use of a hands-free device.
SECTION 2. 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
covered by the law in effect when 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 3. This Act takes effect September 1, 2009.