81R1932 TRH-D
By: Wentworth S.B. No. 582
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on the use of a wireless communication
device while operating a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.001, Transportation Code, is amended
by adding Subdivision (3) to read as follows:
(3) "Wireless communication device" means a device
that uses a commercial mobile service, as defined by 47 U.S.C.
Section 332.
SECTION 2. Section 545.425, Transportation Code, is amended
to read as follows:
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE [BY
CERTAIN MOTORISTS]. (a) In this section, "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, except to
activate or deactivate the hands-free device.
(b) Except as provided by Subsection (c), an operator may
not use a wireless communication device while operating a motor
vehicle unless:
(1) the vehicle is stopped; or
(2) the wireless communication device is used with a
hands-free device.
(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 under this
section that the wireless communication device was used to make an
emergency call to:
(1) a 9-1-1 emergency service;
(2) a hospital;
(3) an emergency ambulance service;
(4) a fire department;
(5) a health clinic;
(6) a medical doctor's office;
(7) an individual to administer first aid treatment;
or
(8) a law enforcement agency.
(e) It is an exception to the application of Subsections (b)
and (c) that the operator is:
(1) an operator of an authorized emergency vehicle
using a wireless communication device while acting in an official
capacity; or
(2) a person licensed by the Federal Communications
Commission to operate a wireless communication device or a radio
communication device.
SECTION 3. 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 4. This Act takes effect January 1, 2010.