83R1421 JXC-D
By: Harless H.B. No. 108
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an offense for use of a handheld
wireless communication device for text-based communication while
operating a motor vehicle.
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) "Text-based communication" means a
communication that is designed or intended to be transmitted
between wireless communication devices for the purpose of manually
communicating in a nonspoken manner with another person in a
written medium. The term includes:
(A) a text message;
(B) an instant message; and
(C) an e-mail.
SECTION 2. Section 545.425, Transportation Code, is amended
by amending Subsection (b-1) and adding Subsections (c-1) and (c-2)
to read as follows:
(b-1) Except as provided by Subsection (b-2), 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 handheld wireless
communication device to read, write, or send a text-based
communication while operating a motor vehicle unless the vehicle is
stopped.
(c-2) It is a defense to prosecution under Subsection (c-1)
that:
(1) the operator used a handheld wireless
communication device:
(A) to read, select, or enter a telephone number
or name for the purpose of making a telephone call;
(B) in conjunction with voice-operated
technology or a hands-free device; or
(C) to navigate using a global positioning
system; or
(2) the handheld wireless communication device was:
(A) used by the operator to relay information
between the operator and a dispatcher in the course of the
operator's occupational duties; and
(B) affixed to the vehicle.
SECTION 3. This Act takes effect September 1, 2013.