82R522 TRH-F
By: Wentworth S.B. No. 138
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on the use of a wireless communication
device while operating a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 545.425(a)(1), (b), (d), and (e),
Transportation Code, are amended to read as follows:
(1) "Hands-free device" means speakerphone capability
or a telephone attachment or other piece of equipment, regardless
of whether permanently installed in the motor vehicle, that allows
use of the wireless communication device without use of either of
the operator's hands, except to activate or deactivate the
hands-free device.
(b) 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 is stopped; or
(2) the wireless communication device is used with a
hands-free device.
(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 law enforcement agency [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].
(e) It is an exception to the application of Subsections (b)
and (c) that the operator is [This section does not apply to]:
(1) an operator of an authorized emergency vehicle
using a wireless communication device while acting in an official
capacity; or
(2) a person [an operator who is] licensed by the
Federal Communications Commission to operate [while operating] a
radio frequency device or [other than] a wireless communication
device.
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repealed.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 January 1, 2012.