| 1 | 1 | | 81R1932 TRH-D |
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| 2 | 2 | | By: Wentworth S.B. No. 582 |
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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 prohibitions on the use of a wireless communication |
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| 8 | 8 | | device while operating 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. Section 545.001, Transportation Code, is amended |
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| 11 | 11 | | by adding Subdivision (3) to read as follows: |
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| 12 | 12 | | (3) "Wireless communication device" means a device |
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| 13 | 13 | | that uses a commercial mobile service, as defined by 47 U.S.C. |
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| 14 | 14 | | Section 332. |
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| 15 | 15 | | SECTION 2. Section 545.425, Transportation Code, is amended |
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| 16 | 16 | | to read as follows: |
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| 17 | 17 | | Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE [BY |
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| 18 | 18 | | CERTAIN MOTORISTS]. (a) In this section, "hands-free device" |
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| 19 | 19 | | means speakerphone capability or a telephone attachment or other |
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| 20 | 20 | | piece of equipment, regardless of whether permanently installed in |
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| 21 | 21 | | the motor vehicle, that allows use of the wireless communication |
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| 22 | 22 | | device without use of either of the operator's hands, except to |
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| 23 | 23 | | activate or deactivate the hands-free device. |
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| 24 | 24 | | (b) Except as provided by Subsection (c), an operator may |
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| 25 | 25 | | not use a wireless communication device while operating a motor |
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| 26 | 26 | | vehicle unless: |
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| 27 | 27 | | (1) the vehicle is stopped; or |
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| 28 | 28 | | (2) the wireless communication device is used with a |
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| 29 | 29 | | hands-free device. |
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| 30 | 30 | | (c) An operator [A person] may not use a wireless |
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| 31 | 31 | | communication device while operating a passenger bus with a minor |
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| 32 | 32 | | passenger on the bus unless [except in case of emergency or if] the |
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| 33 | 33 | | passenger bus is stopped [not in motion]. |
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| 34 | 34 | | (d) It is an affirmative defense to prosecution under this |
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| 35 | 35 | | section that the wireless communication device was used to make an |
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| 36 | 36 | | emergency call to: |
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| 37 | 37 | | (1) a 9-1-1 emergency service; |
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| 38 | 38 | | (2) a hospital; |
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| 39 | 39 | | (3) an emergency ambulance service; |
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| 40 | 40 | | (4) a fire department; |
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| 41 | 41 | | (5) a health clinic; |
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| 42 | 42 | | (6) a medical doctor's office; |
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| 43 | 43 | | (7) an individual to administer first aid treatment; |
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| 44 | 44 | | or |
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| 45 | 45 | | (8) a law enforcement agency. |
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| 46 | 46 | | (e) It is an exception to the application of Subsections (b) |
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| 47 | 47 | | and (c) that the operator is: |
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| 48 | 48 | | (1) an operator of an authorized emergency vehicle |
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| 49 | 49 | | using a wireless communication device while acting in an official |
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| 50 | 50 | | capacity; or |
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| 51 | 51 | | (2) a person licensed by the Federal Communications |
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| 52 | 52 | | Commission to operate a wireless communication device or a radio |
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| 53 | 53 | | communication device. |
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| 54 | 54 | | SECTION 3. The change in law made by this Act applies only |
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| 55 | 55 | | to an offense committed on or after the effective date of this Act. |
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| 56 | 56 | | An offense committed before the effective date of this Act is |
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| 57 | 57 | | governed by the law in effect when the offense was committed, and |
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| 58 | 58 | | the former law is continued in effect for that purpose. For |
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| 59 | 59 | | purposes of this section, an offense was committed before the |
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| 60 | 60 | | effective date of this Act if any element of the offense was |
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| 61 | 61 | | committed before that date. |
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| 62 | 62 | | SECTION 4. This Act takes effect January 1, 2010. |
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