82R314 TRH-D By: Brown H.B. No. 105 A BILL TO BE ENTITLED AN ACT relating to the creation of an offense for certain uses of a wireless communication device while operating a motor vehicle; providing a penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 545.425, Transportation Code, is amended by amending Subsection (b-1) and adding Subsections (c-1) and (c-2) to read as follows: (b-1) A municipality, county, or other political subdivision that enforces Subsection (b) [this section] shall post a sign that complies with the standards described by this subsection at the entrance to each school crossing zone in the municipality, county, or other political subdivision. The department shall adopt standards that: (1) allow for a sign required to be posted under this subsection to be attached to an existing sign at a minimal cost; and (2) require that a sign required to be posted under this subsection inform an operator that: (A) the use of a wireless communication device is prohibited in the school crossing zone; and (B) the operator is subject to a fine if the operator uses a wireless communication device in the school crossing zone. (c-1) An operator may not use a wireless communication device to read, write, or send a text-based communication while operating a motor vehicle unless the vehicle is stopped. (c-2) An offense under Subsection (c-1) is a misdemeanor punishable by a fine of $200. SECTION 2. This Act takes effect September 1, 2011.