Texas 2009 - 81st Regular

Texas House Bill HB55 Compare Versions

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Old	New	Differences
1	1	H.B. No. 55
2	2
3	3
4	4	AN ACT
5	5	relating to an offense of using a wireless communication device
6	6	while operating a motor vehicle.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 545.425, Transportation Code, is amended
9	9	to read as follows:
10	10	Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE; OFFENSE
11	11	[BY CERTAIN MOTORISTS]. (a) In this section:
12	12	(1) "Hands-free device" means speakerphone capability
13	13	or a telephone attachment or other piece of equipment, regardless
14	14	of whether permanently installed in the motor vehicle, that allows
15	15	use of the wireless communication device without use of either of
16	16	the operator's hands.
17	17	(2) "Wireless communication device" means a device
18	18	that uses a commercial mobile service, as defined by 47 U.S.C.
19	19	Section 332.
20	20	(b) Except as provided by Subsection (c), an operator may
21	21	not use a wireless communication device while operating a motor
22	22	vehicle within a school crossing zone, as defined by Section
23	23	541.302, Transportation Code, unless:
24	24	(1) the vehicle is stopped; or
25	25	(2) the wireless communication device is used with a
26	26	hands-free device.
27	27	(b-1) A municipality, county, or other political
28	28	subdivision that enforces this section shall post a sign that
29	29	complies with the standards described by this subsection at the
30	30	entrance to each school crossing zone in the municipality, county,
31	31	or other political subdivision. The department shall adopt
32	32	standards that:
33	33	(1) allow for a sign required to be posted under this
34	34	subsection to be attached to an existing sign at a minimal cost; and
35	35	(2) require that a sign required to be posted under
36	36	this subsection inform an operator that:
37	37	(A) the use of a wireless communication device is
38	38	prohibited in the school crossing zone; and
39	39	(B) the operator is subject to a fine if the
40	40	operator uses a wireless communication device in the school
41	41	crossing zone.
42	42	(c) An operator [A person] may not use a wireless
43	43	communication device while operating a passenger bus with a minor
44	44	passenger on the bus unless [except in case of emergency or if] the
45	45	passenger bus is stopped [not in motion].
46	46	(d) It is an affirmative defense to prosecution of an
47	47	offense under this section that:
48	48	(1) the wireless communication device was used to make
49	49	an emergency call to:
50	50	(A) an emergency response service, including a
51	51	rescue, emergency medical, or hazardous material response service;
52	52	(B) a hospital;
53	53	(C) a fire department;
54	54	(D) a health clinic;
55	55	(E) a medical doctor's office;
56	56	(F) an individual to administer first aid
57	57	treatment; or
58	58	(G) a police department; or
59	59	(2) a sign required by Subsection (b-1) was not posted
60	60	at the entrance to the school crossing zone at the time of an
61	61	offense committed in the school crossing zone.
62	62	(e) This section does not apply to:
63	63	(1) an operator of an authorized emergency vehicle
64	64	using a wireless communication device while acting in an official
65	65	capacity; or
66	66	(2) an operator who is licensed by the Federal
67	67	Communications Commission while operating a radio frequency device
68	68	other than a wireless communication device.
69	69	(f) This section preempts all local ordinances, rules, or
70	70	regulations that are inconsistent with specific provisions of this
71	71	section adopted by a political subdivision of this state relating
72	72	to the use of a wireless communication device by the operator of a
73	73	motor vehicle.
74	74	SECTION 2. The change in law made by this Act applies only
75	75	to an offense committed on or after the effective date of this Act.
76	76	An offense committed before the effective date of this Act is
77	77	governed by the law in effect when the offense was committed, and
78	78	the former law is continued in effect for that purpose. For
79	79	purposes of this section, an offense was committed before the
80	80	effective date of this Act if any element of the offense was
81	81	committed before that date.
82	82	SECTION 3. This Act takes effect September 1, 2009.
83	83	______________________________ ______________________________
84	84	President of the Senate Speaker of the House
85	85	I certify that H.B. No. 55 was passed by the House on May 15,
86	86	2009, by the following vote: Yeas 106, Nays 32, 1 present, not
87	87	voting; and that the House concurred in Senate amendments to H.B.
88	88	No. 55 on May 29, 2009, by the following vote: Yeas 138, Nays 4, 1
89	89	present, not voting.
90	90	______________________________
91	91	Chief Clerk of the House
92	92	I certify that H.B. No. 55 was passed by the Senate, with
93	93	amendments, on May 26, 2009, by the following vote: Yeas 27, Nays
94	94	4.
95	95	______________________________
96	96	Secretary of the Senate
97	97	APPROVED: __________________
98	98	Date
99	99	__________________
100	100	Governor