| 1 | 1 | | 82R8272 TRH-D |
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| 2 | 2 | | By: Craddick, Martinez Fischer, Brown, Cook, H.B. No. 243 |
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| 3 | 3 | | Menendez, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 243: |
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| 5 | 5 | | By: Rodriguez C.S.H.B. No. 243 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the creation of an offense for certain uses of a |
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| 11 | 11 | | wireless communication device while operating a motor vehicle. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. This Act may be cited as the Alex Brown Memorial |
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| 14 | 14 | | Act. |
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| 15 | 15 | | SECTION 2. Section 545.425(a), Transportation Code, is |
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| 16 | 16 | | amended by adding Subdivision (1-a) to read as follows: |
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| 17 | 17 | | (1-a) "Text-based communication" means a |
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| 18 | 18 | | communication sent from a wireless communication device for the |
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| 19 | 19 | | purpose of manually communicating with another person in a written |
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| 20 | 20 | | medium. The term includes: |
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| 21 | 21 | | (A) a text message; |
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| 22 | 22 | | (B) an instant message; and |
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| 23 | 23 | | (C) e-mail. |
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| 24 | 24 | | SECTION 3. Section 545.425, Transportation Code, is amended |
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| 25 | 25 | | by amending Subsection (b-1) and adding Subsection (c-1) to read as |
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| 26 | 26 | | follows: |
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| 27 | 27 | | (b-1) A municipality, county, or other political |
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| 28 | 28 | | subdivision that enforces Subsection (b) [this section] shall post |
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| 29 | 29 | | a sign that complies with the standards described by this |
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| 30 | 30 | | subsection at the entrance to each school crossing zone in the |
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| 31 | 31 | | municipality, county, or other political subdivision. The |
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| 32 | 32 | | department shall adopt standards that: |
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| 33 | 33 | | (1) allow for a sign required to be posted under this |
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| 34 | 34 | | subsection to be attached to an existing sign at a minimal cost; and |
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| 35 | 35 | | (2) require that a sign required to be posted under |
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| 36 | 36 | | this subsection inform an operator that: |
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| 37 | 37 | | (A) the use of a wireless communication device is |
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| 38 | 38 | | prohibited in the school crossing zone; and |
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| 39 | 39 | | (B) the operator is subject to a fine if the |
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| 40 | 40 | | operator uses a wireless communication device in the school |
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| 41 | 41 | | crossing zone. |
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| 42 | 42 | | (c-1) An operator may not use a wireless communication |
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| 43 | 43 | | device to read, write, or send a text-based communication while |
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| 44 | 44 | | operating a motor vehicle unless the vehicle is stopped. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2011. |
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