81R3132 JD-D
By: Quintanilla H.B. No. 738
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for an offense committed during the
inattentive operation of a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 542, Transportation Code,
is amended by adding Section 542.408 to read as follows:
Sec. 542.408. INATTENTIVE DRIVING; FINE FOR OFFENSE. (a)
An offense under this subtitle is punishable by a fine that is at
least twice the minimum fine applicable to the offense and not more
than twice the maximum fine that is applicable to the offense if the
person who commits the offense is at the time of the offense
operating a motor vehicle while:
(1) reading;
(2) writing;
(3) performing personal grooming;
(4) consuming food or a beverage;
(5) interacting with a pet;
(6) interacting with a vehicle passenger;
(7) using a personal communications device; or
(8) engaging in another activity that prevents the
operator from safely operating the motor vehicle.
(b) For the purposes of this section:
(1) "Personal grooming" includes:
(A) applying makeup;
(B) shaving;
(C) combing hair; or
(D) attending to another personal hygiene or
appearance task.
(2) "Personal communications device" includes:
(A) a radio;
(B) a personal stereo;
(C) a compact disc player;
(D) an audio or video device;
(E) a personal computer;
(F) a two-way radio, including a citizen's band
radio;
(G) a pager;
(H) a telephone;
(I) a wireless messaging device;
(J) a facsimile machine;
(K) a radar detector;
(L) a personal digital assistant;
(M) a geographic positioning system receiver; or
(N) a similar device.
SECTION 2. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense was committed before
the effective date of this Act if any element of the offense
occurred before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.