83R394 TRH-D
By: Menendez H.B. No. 41
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.
SECTION 2. Section 545.425, Transportation Code, is amended
by amending Subsections (b), (c), (d), and (f) 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].
(f) This [Except as provided by Subsection (b-2), this]
section preempts all local ordinances, rules, or regulations that
are inconsistent with specific provisions of this section adopted
by a political subdivision of this state relating to the use of a
wireless communication device by the operator of a motor vehicle.
(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. Sections 545.425(b-1), (b-2), (b-3), (b-4), and
(d-1), Transportation Code, are 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. This Act takes effect September 1, 2013.