| 1 | 1 | | 81R3132 JD-D |
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| 2 | 2 | | By: Quintanilla H.B. No. 738 |
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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 the penalty for an offense committed during the |
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| 8 | 8 | | inattentive operation of a 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. Subchapter D, Chapter 542, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 542.408 to read as follows: |
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| 12 | 12 | | Sec. 542.408. INATTENTIVE DRIVING; FINE FOR OFFENSE. (a) |
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| 13 | 13 | | An offense under this subtitle is punishable by a fine that is at |
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| 14 | 14 | | least twice the minimum fine applicable to the offense and not more |
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| 15 | 15 | | than twice the maximum fine that is applicable to the offense if the |
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| 16 | 16 | | person who commits the offense is at the time of the offense |
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| 17 | 17 | | operating a motor vehicle while: |
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| 18 | 18 | | (1) reading; |
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| 19 | 19 | | (2) writing; |
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| 20 | 20 | | (3) performing personal grooming; |
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| 21 | 21 | | (4) consuming food or a beverage; |
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| 22 | 22 | | (5) interacting with a pet; |
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| 23 | 23 | | (6) interacting with a vehicle passenger; |
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| 24 | 24 | | (7) using a personal communications device; or |
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| 25 | 25 | | (8) engaging in another activity that prevents the |
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| 26 | 26 | | operator from safely operating the motor vehicle. |
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| 27 | 27 | | (b) For the purposes of this section: |
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| 28 | 28 | | (1) "Personal grooming" includes: |
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| 29 | 29 | | (A) applying makeup; |
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| 30 | 30 | | (B) shaving; |
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| 31 | 31 | | (C) combing hair; or |
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| 32 | 32 | | (D) attending to another personal hygiene or |
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| 33 | 33 | | appearance task. |
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| 34 | 34 | | (2) "Personal communications device" includes: |
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| 35 | 35 | | (A) a radio; |
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| 36 | 36 | | (B) a personal stereo; |
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| 37 | 37 | | (C) a compact disc player; |
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| 38 | 38 | | (D) an audio or video device; |
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| 39 | 39 | | (E) a personal computer; |
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| 40 | 40 | | (F) a two-way radio, including a citizen's band |
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| 41 | 41 | | radio; |
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| 42 | 42 | | (G) a pager; |
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| 43 | 43 | | (H) a telephone; |
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| 44 | 44 | | (I) a wireless messaging device; |
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| 45 | 45 | | (J) a facsimile machine; |
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| 46 | 46 | | (K) a radar detector; |
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| 47 | 47 | | (L) a personal digital assistant; |
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| 48 | 48 | | (M) a geographic positioning system receiver; or |
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| 49 | 49 | | (N) a similar device. |
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| 50 | 50 | | SECTION 2. (a) The change in law made by this Act applies |
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| 51 | 51 | | only to an offense committed on or after the effective date of this |
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| 52 | 52 | | Act. For purposes of this section, an offense was committed before |
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| 53 | 53 | | the effective date of this Act if any element of the offense |
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| 54 | 54 | | occurred before that date. |
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| 55 | 55 | | (b) An offense committed before the effective date of this |
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| 56 | 56 | | Act is covered by the law in effect when the offense was committed, |
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| 57 | 57 | | and the former law is continued in effect for that purpose. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2009. |
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