81R9653 TRH-D
By: Lucio III H.B. No. 4634
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on the use of a wireless communication
device while operating a commercial 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, "hands-free device"
means speakerphone capability or a telephone attachment or other
piece of equipment, regardless of whether permanently installed in
the motor vehicle, that allows use of the wireless communication
device without use of either of the operator's hands.
(b) Except as provided by Subsection (c), an operator of a
commercial motor vehicle, as defined by Section 522.003, may not
use a wireless communication device while operating the vehicle
unless:
(1) the vehicle is stopped;
(2) the wireless communication device is used with a
hands-free device; or
(3) the wireless communication device is used as part
of a digital dispatch system or global positioning satellite
location system.
(c) An operator [A person] may not use a wireless
communication device while operating a passenger bus with a minor
passenger on the bus unless [except in case of emergency or if] the
passenger bus is stopped [not in motion].
(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.
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.