81R3124 TRH-D By: Quintanilla H.B. No. 356 A BILL TO BE ENTITLED AN ACT relating to the penalty for certain traffic offenses committed 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. OPERATING MOTOR VEHICLE WHILE USING WIRELESS COMMUNICATION DEVICE; FINE FOR OFFENSE. 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. SECTION 2. (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. 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. (b) 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. SECTION 3. This Act takes effect September 1, 2009.