| 1 | 1 | | 82R1880 TRH-F |
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| 2 | 2 | | By: Branch, Hochberg H.B. No. 2628 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the posting of signs in school crossing zones regarding |
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| 8 | 8 | | the prohibited use of a wireless communication device while |
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| 9 | 9 | | operating a motor vehicle. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 545.425(d), Transportation Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (d) It is an affirmative defense to prosecution of an |
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| 14 | 14 | | offense under this section that[: |
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| 15 | 15 | | [(1)] the wireless communication device was used to |
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| 16 | 16 | | make an emergency call to: |
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| 17 | 17 | | (1) [(A)] an emergency response service, including a |
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| 18 | 18 | | rescue, emergency medical, or hazardous material response service; |
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| 19 | 19 | | (2) [(B)] a hospital; |
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| 20 | 20 | | (3) [(C)] a fire department; |
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| 21 | 21 | | (4) [(D)] a health clinic; |
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| 22 | 22 | | (5) [(E)] a medical doctor's office; |
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| 23 | 23 | | (6) [(F)] an individual to administer first aid |
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| 24 | 24 | | treatment; or |
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| 25 | 25 | | (7) [(G)] a police department[; or |
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| 26 | 26 | | [(2) a sign required by Subsection (b-1) was not |
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| 27 | 27 | | posted at the entrance to the school crossing zone at the time of an |
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| 28 | 28 | | offense committed in the school crossing zone]. |
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| 29 | 29 | | SECTION 2. Section 545.425(b-1), Transportation Code, is |
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| 30 | 30 | | repealed. |
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| 31 | 31 | | SECTION 3. The change in law made by this Act applies only |
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| 32 | 32 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 33 | | An offense committed before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect when the offense was committed, and |
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| 35 | 35 | | the former law is continued in effect for that purpose. For |
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| 36 | 36 | | purposes of this section, an offense was committed before the |
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| 37 | 37 | | effective date of this Act if any element of the offense was |
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| 38 | 38 | | committed before that date. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2011. |
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