Texas 2011 82nd Regular

Texas House Bill HB243 Comm Sub / Bill

                    82R8272 TRH-D
 By: Craddick, Martinez Fischer, Brown, Cook, H.B. No. 243
 Menendez, et al.
 Substitute the following for H.B. No. 243:
 By:  Rodriguez C.S.H.B. No. 243


 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.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  This Act may be cited as the Alex Brown Memorial
 Act.
 SECTION 2.  Section 545.425(a), Transportation Code, is
 amended by adding Subdivision (1-a) to read as follows:
 (1-a)  "Text-based communication" means a
 communication sent from a wireless communication device for the
 purpose of manually communicating with another person in a written
 medium. The term includes:
 (A)  a text message;
 (B)  an instant message; and
 (C)  e-mail.
 SECTION 3.  Section 545.425, Transportation Code, is amended
 by amending Subsection (b-1) and adding Subsection (c-1) 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.
 SECTION 4.  This Act takes effect September 1, 2011.