By: Branch, Menendez, Bolton H.B. No. 55
(Senate Sponsor - Carona)
(In the Senate - Received from the House May 18, 2009;
May 19, 2009, read first time and referred to Committee on
Transportation and Homeland Security; May 23, 2009, reported
favorably, as amended, by the following vote: Yeas 7, Nays 0;
May 23, 2009, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Wentworth
Amend H.B. No. 55 (engrossed version) in SECTION 1 of the bill
as follows:
(1) Strike added Subdivision (2), Subsection (e), Section
545.425, Transportation Code (page 2, lines 24-27), and substitute:
(2) an operator who is licensed by the Federal
Communications Commission while operating a radio frequency device
other than a wireless communication device.
(2) Strike added Subsection (f), Section 545.425,
Transportation Code (page 2, lines 28-29), and substitute:
(f) An offense under this section is a misdemeanor
punishable by a fine not to exceed $50.
(3) After added Subsection (f), Section 545.425,
Transportation Code (page 2, between lines 31 and 32) insert:
(g) This section preempts all local ordinances, rules, or
regulations adopted by a political subdivision of this state
relating to the use of a wireless communication device by the
operator of a motor vehicle.
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, as defined by Section
541.302, Transportation Code, unless:
(1) the vehicle is stopped; or
(2) the wireless communication device is used with a
hands-free device.
(b-1) A municipality, county, or other political
subdivision that enforces this section shall post a sign that
complies with the standards described by this subsection at the
entrance to each school crossing zone in the municipality, county,
or other political subdivision. The department shall adopt
standards requiring that a sign required to be posted under this
subsection inform an operator that:
(1) the use of a wireless communication device is
prohibited in the school crossing zone; and
(2) the operator is subject to the fine described by
Subsection (f) if the operator uses a wireless communication device
in the school crossing zone.
(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:
(1) the wireless communication device was used to make
an emergency call to:
(A) an emergency response service, including a
rescue, emergency medical, or hazardous material response service;
(B) a hospital;
(C) a fire department;
(D) a health clinic;
(E) a medical doctor's office;
(F) an individual to administer first aid
treatment; or
(G) a police department; or
(2) a sign required by Subsection (b-1) was not posted
at the entrance to the school crossing zone at the time of an
offense committed in the school crossing zone.
(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 while operating a device of the
type that the person is licensed to operate.
(f) An offense under this section is a misdemeanor
punishable by a fine of:
(1) not more than $25 for the first offense; and
(2) not more than $50 for each subsequent offense.
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.
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