81R10046 TRH-D By: Pierson H.B. No. 1880 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 to read, write, or send a text-based communication. 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. 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 to read, write, or send a text-based communication. 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.