82R1880 TRH-F
By: Branch, Hochberg H.B. No. 2628
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(d), Transportation Code, is
amended to read as follows:
(d) It is an affirmative defense to prosecution of an
offense under this section that[:
[(1)] the wireless communication device was used to
make an emergency call to:
(1) [(A)] an emergency response service, including a
rescue, emergency medical, or hazardous material response service;
(2) [(B)] a hospital;
(3) [(C)] a fire department;
(4) [(D)] a health clinic;
(5) [(E)] a medical doctor's office;
(6) [(F)] an individual to administer first aid
treatment; or
(7) [(G)] a police department[; or
[(2) a sign required by Subsection (b-1) was not
posted at the entrance to the school crossing zone at the time of an
offense committed in the school crossing zone].
SECTION 2. Section 545.425(b-1), Transportation Code, is
repealed.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 4. This Act takes effect September 1, 2011.