| 1 | 1 | | 81R2747 TRH-D |
|---|
| 2 | 2 | | By: Martinez Fischer H.B. No. 758 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the creation of an offense for certain prohibited uses |
|---|
| 8 | 8 | | of a wireless communication device while operating a motor vehicle. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 545.425, Transportation Code, is amended |
|---|
| 11 | 11 | | to read as follows: |
|---|
| 12 | 12 | | Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE [BY |
|---|
| 13 | 13 | | CERTAIN MOTORISTS]. (a) An operator [A person] may not use a |
|---|
| 14 | 14 | | wireless communication device while operating a passenger bus with |
|---|
| 15 | 15 | | a minor passenger on the bus except in case of emergency or if the |
|---|
| 16 | 16 | | passenger bus is stopped [not in motion]. |
|---|
| 17 | 17 | | (b) An operator may not use a wireless communication device |
|---|
| 18 | 18 | | to read, write, or send a text message while operating a motor |
|---|
| 19 | 19 | | vehicle unless the vehicle is stopped. This subsection does not |
|---|
| 20 | 20 | | apply if: |
|---|
| 21 | 21 | | (1) the operator is a peace officer or an emergency |
|---|
| 22 | 22 | | response provider; and |
|---|
| 23 | 23 | | (2) the use of the wireless communication device is in |
|---|
| 24 | 24 | | connection with official duties. |
|---|
| 25 | 25 | | (c) An offense under Subsection (b) is punishable by a fine |
|---|
| 26 | 26 | | of not less than $2 or more than $400 if the person who commits the |
|---|
| 27 | 27 | | offense is at the time of the offense operating a motor vehicle in a |
|---|
| 28 | 28 | | school crossing zone. |
|---|
| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 30 | 30 | | to an offense committed on or after the effective date of this Act. |
|---|
| 31 | 31 | | An offense committed before the effective date of this Act is |
|---|
| 32 | 32 | | governed by the law in effect when the offense was committed, and |
|---|
| 33 | 33 | | the former law is continued in effect for that purpose. For |
|---|
| 34 | 34 | | purposes of this section, an offense was committed before the |
|---|
| 35 | 35 | | effective date of this Act if any element of the offense was |
|---|
| 36 | 36 | | committed before that date. |
|---|
| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|