By: Pickett, et al. (Senate Sponsor - Rodriguez) H.B. No. 1899
(In the Senate - Received from the House April 27, 2011;
April 28, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 16, 2011, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 6, Nays 0; May 16, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1899 By: Watson
A BILL TO BE ENTITLED
AN ACT
relating to the posting of signs in school crossing zones regarding
the prohibited 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 545.425, Transportation Code, is amended
by amending Subsections (b-1) and (f) and adding Subsections (b-2),
(b-3), (b-4), and (d-1) to read as follows:
(b-1) Except as provided by Subsection (b-2), a [A]
municipality, county, or other political subdivision that enforces
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.
(b-2) A municipality, county, or other political
subdivision that by ordinance or rule prohibits the use of a
wireless communication device while operating a motor vehicle
throughout the jurisdiction of the political subdivision is not
required to post a sign as required by Subsection (b-1) if the
political subdivision:
(1) posts signs that are located at each point at which
a state highway, U.S. highway, or interstate highway enters the
political subdivision and that state:
(A) that an operator is prohibited from using a
wireless communication device while operating a motor vehicle in
the political subdivision; and
(B) that the operator is subject to a fine if the
operator uses a wireless communication device while operating a
motor vehicle in the political subdivision; and
(2) subject to all applicable United States Department
of Transportation Federal Highway Administration rules, posts a
message that complies with Subdivision (1) on any dynamic message
sign operated by the political subdivision located on a state
highway, U.S. highway, or interstate highway in the political
subdivision.
(b-3) A sign posted under Subsection (b-2)(1) must be
readable to an operator traveling at the applicable speed limit.
(b-4) The political subdivision shall pay the costs
associated with the posting of signs under Subsection (b-2).
(d-1) The affirmative defense available in Subsection
(d)(2) is not available for an offense under Subsection (b)
committed in a school crossing zone located in a municipality,
county, or other political subdivision that is in compliance with
Subsection (b-2).
(f) Except as provided by Subsection (b-2), this [This]
section preempts all local ordinances, rules, or regulations that
are inconsistent with specific provisions of this section adopted
by a political subdivision of this state relating to the use of a
wireless communication device by the operator of a motor vehicle.
SECTION 2. This Act takes effect September 1, 2011.
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