82R699 TRH-D
By: Cook H.B. No. 93
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;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.425, Transportation Code, is amended
by amending Subsection (b-1) and adding Subsections (c-1), (c-2),
(c-3), and (c-4) 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 read, write, or send a text-based communication while
operating a motor vehicle.
(c-2) Except as provided by Subsection (c-3), an offense
under Subsection (c-1) is a misdemeanor punishable by a fine of not
more than:
(1) $100 for the first offense;
(2) $150 for a second offense; and
(3) $200 for a third or subsequent offense.
(c-3) An offense under Subsection (c-1) is a felony:
(1) of the third degree if it is shown on the trial of
the offense that as a result of the offense an individual suffered
serious bodily injury; or
(2) of the second degree if it is shown on the trial of
the offense that as a result of the offense an individual died.
(c-4) It is an affirmative defense to prosecution under
Subsection (c-1) that the wireless communication device:
(1) is permanently installed in the vehicle; or
(2) was used:
(A) while the vehicle was stopped;
(B) to engage in, dial, or deactivate a telephone
call;
(C) with a hands-free device; or
(D) to report a suspicious or criminal activity
to a law enforcement agency.
SECTION 2. This Act takes effect September 1, 2011.