By: Craddick, Martinez Fischer, Brown, Cook, H.B. No. 243
Menendez, et al.
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 does not include a text-based communication that
is voice-activated and displayed in a manner that allows the driver
to view the material on the dashboard or above the steering wheel.
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 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.