82R962 TRH-D
By: Menendez H.B. No. 37
A BILL TO BE ENTITLED
AN ACT
relating to the use of a wireless communication device while
operating a motor vehicle; providing for penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.425(a), Transportation Code, is
amended by adding Subdivision (1-a) to read as follows:
(1-a) "School crossing zone" has the meaning assigned
by Section 541.302, Transportation Code.
SECTION 2. Section 545.425, Transportation Code, is amended
by amending Subsections (b), (c), and (d) and adding Subsection (g)
to read as follows:
(b) An [Except as provided by Subsection (c), an] operator
may not use a wireless communication device while operating a motor
vehicle [within a school crossing zone, as defined by Section
541.302, Transportation Code,] unless:
(1) the vehicle's transmission is in park;
(2) the vehicle's parking brake is applied [vehicle is
stopped]; or
(3) [(2)] the wireless communication device is used
with a hands-free device.
(c) For the purposes of this section, use of a wireless
communication device includes dialing a telephone number or using
the device to read, write, or send a text-based or e-mail-based
communication. [An operator may not use a wireless communication
device while operating a passenger bus with a minor passenger on the
bus unless the passenger bus is stopped.]
(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) a law enforcement agency [(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].
(g) An offense under this section is a misdemeanor
punishable by a fine of:
(1) not less than $25 or more than $100 if the offense
occurs outside a school crossing zone; or
(2) not less than $125 or more than $200 if the offense
occurs within a school crossing zone.
SECTION 3. Section 545.425(b-1), Transportation Code, is
repealed.
SECTION 4. 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 5. It is the intent of the legislature that the
passage by the 82nd Legislature, Regular Session, 2011, of another
bill that amends Section 545.425, Transportation Code, and the
amendments made by this Act shall be harmonized, if possible, as
provided by Section 311.025(b), Government Code, so that effect may
be given to each. If the amendments made by this Act to Section
545.425, Transportation Code, and the amendments made to Section
545.425, Transportation Code, by any other bill are irreconcilable,
it is the intent of the legislature that this Act prevail,
regardless of the relative dates of enactment of this Act and the
other bill or bills, but only to the extent that any differences are
irreconcilable.
SECTION 6. This Act takes effect September 1, 2011.