| 1 | 1 | | 81R3232 TRH-D |
|---|
| 2 | 2 | | By: Coleman H.B. No. 3736 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prohibition on the use of a wireless communication |
|---|
| 8 | 8 | | device while operating a motor vehicle. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 545.425, Transportation Code, is amended |
|---|
| 11 | 11 | | to read as follows: |
|---|
| 12 | 12 | | Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE [BY |
|---|
| 13 | 13 | | CERTAIN MOTORISTS]. (a) In this section, "wireless communication |
|---|
| 14 | 14 | | device" means a hand-held or hands-free device that uses commercial |
|---|
| 15 | 15 | | mobile service, as defined by 47 U.S.C. Section 332. |
|---|
| 16 | 16 | | (b) Unless the vehicle is stopped, an operator [A person] |
|---|
| 17 | 17 | | may not use a wireless communication device while operating a motor |
|---|
| 18 | 18 | | vehicle [passenger bus with a minor passenger on the bus except in |
|---|
| 19 | 19 | | case of emergency or if the passenger bus is not in motion]. |
|---|
| 20 | 20 | | (c) It is an affirmative defense to prosecution under this |
|---|
| 21 | 21 | | section that the wireless communication device was used to make an |
|---|
| 22 | 22 | | emergency call to: |
|---|
| 23 | 23 | | (1) an emergency response service, including a rescue, |
|---|
| 24 | 24 | | emergency medical, or hazardous material response service; |
|---|
| 25 | 25 | | (2) a hospital; |
|---|
| 26 | 26 | | (3) a fire department; |
|---|
| 27 | 27 | | (4) a health clinic; |
|---|
| 28 | 28 | | (5) a medical doctor's office; |
|---|
| 29 | 29 | | (6) an individual to administer first aid treatment; |
|---|
| 30 | 30 | | or |
|---|
| 31 | 31 | | (7) a law enforcement agency. |
|---|
| 32 | 32 | | (d) This section does not apply if: |
|---|
| 33 | 33 | | (1) the operator is a peace officer or an emergency |
|---|
| 34 | 34 | | response provider; and |
|---|
| 35 | 35 | | (2) the use of the wireless communication device is in |
|---|
| 36 | 36 | | connection with official duties. |
|---|
| 37 | 37 | | (e) An offense under this section is a misdemeanor |
|---|
| 38 | 38 | | punishable by a fine of not less than $25 or more than $200. |
|---|
| 39 | 39 | | (f) Notwithstanding Section 542.402(a), a municipality or |
|---|
| 40 | 40 | | county, at the end of the municipality's or county's fiscal year, |
|---|
| 41 | 41 | | shall send to the comptroller an amount equal to 50 percent of the |
|---|
| 42 | 42 | | fines collected by the municipality or the county for violations of |
|---|
| 43 | 43 | | this section. |
|---|
| 44 | 44 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 45 | 45 | | to an offense committed on or after the effective date of this Act. |
|---|
| 46 | 46 | | An offense committed before the effective date of this Act is |
|---|
| 47 | 47 | | governed by the law in effect when the offense was committed, and |
|---|
| 48 | 48 | | the former law is continued in effect for that purpose. For |
|---|
| 49 | 49 | | purposes of this section, an offense was committed before the |
|---|
| 50 | 50 | | effective date of this Act if any element of the offense was |
|---|
| 51 | 51 | | committed before that date. |
|---|
| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|