81R14687 TRH-D
By: Branch, Menendez H.B. No. 55
Substitute the following for H.B. No. 55:
By: Harper-Brown C.S.H.B. No. 55
A BILL TO BE ENTITLED
AN ACT
relating to an offense of using 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; OFFENSE
[BY CERTAIN MOTORISTS]. (a) In this section:
(1) "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.
(2) "Wireless communication device" means a device
that uses a commercial mobile service, as defined by 47 U.S.C.
Section 332.
(b) Except as provided by Subsection (c), an operator may
not use a wireless communication device while operating a motor
vehicle within a school crossing zone unless:
(1) the vehicle is stopped; or
(2) the wireless communication device is used with a
hands-free device.
(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) It is an affirmative defense to prosecution of an
offense 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 police department.
(e) This section does not apply to:
(1) an operator of an authorized emergency vehicle
using a wireless communication device while acting in an official
capacity; or
(2) an operator who is licensed by the Federal
Communications Commission to operate a wireless communication
device or a radio frequency device.
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.