By: Martinez Fischer H.B. No. 103
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an offense for certain prohibited uses
of a wireless communication device while operating a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.425, Transportation Code, is amended
to read as follows:
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE [BY
CERTAIN MOTORISTS]. (a) An operator [A person] may not use a
wireless communication device while operating a passenger bus with
a minor passenger on the bus except in case of emergency or if the
passenger bus is stopped [not in motion].
(b) An operator may not use a wireless communication device
to read, write, or send a text message while operating a motor
vehicle unless the vehicle is stopped. This subsection does not
apply if:
(1) the operator is a peace officer or an emergency
response provider; and
(2) the use of the wireless communication device is in
connection with official duties.
(c) An offense under Subsection (b) is punishable by a fine
of not less than $2 or more than $400 if the person who commits the
offense is at the time of the offense operating a motor vehicle in a
school crossing zone.
SECTION 2. 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 3. This Act takes effect September 1, 2011.