81R1630 TRH-D
By: Menendez H.B. No. 219
A BILL TO BE ENTITLED
AN ACT
relating to an offense of using a wireless communication device
while operating a motor vehicle in a school crossing zone.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.425, Transportation Code, is amended
to read as follows:
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE BY
CERTAIN MOTORISTS; OFFENSE. (a) Unless the vehicle is stopped, an
operator [A person] may not use a wireless communication device
while operating:
(1) a passenger bus with a minor passenger on the bus;
or
(2) a motor vehicle in a school crossing zone [except
in case of emergency or if the passenger bus is not in motion].
(b) It is an affirmative defense to prosecution under this
section that the wireless communication device was used to make an
emergency call to:
(1) an emergency response service, including a rescue,
emergency medical, or hazardous material response service;
(2) a hospital;
(3) a fire department;
(4) a health clinic;
(5) a medical doctor's office;
(6) an individual to administer first aid treatment;
or
(7) a police department.
(c) This section does not apply to an operator of an
authorized emergency vehicle using a wireless communication device
while acting in an official capacity.
(d) An offense under this section is a misdemeanor
punishable by a fine of not less than $125 or more than $200.
(e) Notwithstanding Section 542.402(a), a municipality or
county, at the end of the municipality's or county's fiscal year,
shall send to the comptroller an amount equal to 50 percent of the
fines collected by the municipality or the county for violations of
this section. The comptroller shall deposit the amount received to
the credit of the foundation school fund.
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
governed 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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2009.