81R3232 TRH-D
By: Coleman H.B. No. 3736
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition on the use of a wireless communication
device while operating a motor vehicle.
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]. (a) In this section, "wireless communication
device" means a hand-held or hands-free device that uses commercial
mobile service, as defined by 47 U.S.C. Section 332.
(b) Unless the vehicle is stopped, an operator [A person]
may not use a wireless communication device while operating a motor
vehicle [passenger bus with a minor passenger on the bus except in
case of emergency or if the passenger bus is not in motion].
(c) 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 law enforcement agency.
(d) This section does not apply if:
(1) the operator is a peace officer or an emergency
response provider; and
(2) the use of the wireless communication device is in
connection with official duties.
(e) An offense under this section is a misdemeanor
punishable by a fine of not less than $25 or more than $200.
(f) 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.
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.