Texas House Bill HB438

Texas 2009 - 81st Regular

• Filed: 12/18/08

Caption

Relating to the creation of an offense for certain uses of a wireless communication device while operating a motor vehicle.

Impact

If enacted, HB 438 would amend Section 545.425 of the Transportation Code, reinforcing the commitment to reducing distracted driving in Texas. The legislation particularly targets the use of text messaging and other phone-related activities while driving, aiming to create a safer environment for both drivers and passengers in light-duty and commercial vehicles. The law recognizes exceptions for peace officers and emergency responders, allowing them to use devices when performing their official duties.

Summary

House Bill 438 addresses the issue of using wireless communication devices while operating a motor vehicle. The main provision of the bill specifically prohibits operators of passenger buses with minor passengers from using such devices except in emergencies or when the bus is not in motion. Additionally, the bill establishes that operators may not use wireless communication devices to read, write, or send text-based communications while driving unless the vehicle is stopped. This legislation seeks to enhance road safety by minimizing distractions that can lead to accidents.

Contention

Notable points of contention about HB 438 could revolve around enforcement challenges and the balance between safety and personal freedom. Proponents might argue that restricting device usage while driving is essential for public safety, emphasizing the high rates of accidents linked to distracted driving. Conversely, opponents may raise concerns about the practicality of enforcing such laws and the potential impact on drivers needing to communicate for legitimate reasons. The balance between ensuring public safety against potential overreach into daily activities remains a significant consideration in the discussions surrounding this bill.