| 1 | 1 | | 81R9653 TRH-D |
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| 2 | 2 | | By: Lucio III H.B. No. 4634 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibitions on the use of a wireless communication |
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| 8 | 8 | | device while operating a commercial motor vehicle. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 545.425, Transportation Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE [BY |
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| 13 | 13 | | CERTAIN MOTORISTS]. (a) In this section, "hands-free device" |
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| 14 | 14 | | means speakerphone capability or a telephone attachment or other |
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| 15 | 15 | | piece of equipment, regardless of whether permanently installed in |
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| 16 | 16 | | the motor vehicle, that allows use of the wireless communication |
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| 17 | 17 | | device without use of either of the operator's hands. |
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| 18 | 18 | | (b) Except as provided by Subsection (c), an operator of a |
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| 19 | 19 | | commercial motor vehicle, as defined by Section 522.003, may not |
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| 20 | 20 | | use a wireless communication device while operating the vehicle |
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| 21 | 21 | | unless: |
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| 22 | 22 | | (1) the vehicle is stopped; |
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| 23 | 23 | | (2) the wireless communication device is used with a |
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| 24 | 24 | | hands-free device; or |
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| 25 | 25 | | (3) the wireless communication device is used as part |
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| 26 | 26 | | of a digital dispatch system or global positioning satellite |
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| 27 | 27 | | location system. |
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| 28 | 28 | | (c) An operator [A person] may not use a wireless |
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| 29 | 29 | | communication device while operating a passenger bus with a minor |
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| 30 | 30 | | passenger on the bus unless [except in case of emergency or if] the |
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| 31 | 31 | | passenger bus is stopped [not in motion]. |
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| 32 | 32 | | (d) This section does not apply if: |
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| 33 | 33 | | (1) the operator is a peace officer or an emergency |
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| 34 | 34 | | response provider; and |
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| 35 | 35 | | (2) the use of the wireless communication device is in |
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| 36 | 36 | | connection with official duties. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to an offense committed on or after the effective date of this Act. |
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| 39 | 39 | | An offense committed before the effective date of this Act is |
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| 40 | 40 | | governed by the law in effect when the offense was committed, and |
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| 41 | 41 | | the former law is continued in effect for that purpose. For |
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| 42 | 42 | | purposes of this section, an offense was committed before the |
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| 43 | 43 | | effective date of this Act if any element of the offense was |
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| 44 | 44 | | committed before that date. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2009. |
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