By: Craddick, Cook, Lucio III, Harless, H.B. No. 63
Menendez, et al.
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. This Act may be cited as the Alex Brown Memorial
Act.
SECTION 2. Section 545.424, Transportation Code, is amended
by adding Subsection (g) to read as follows:
(g) An offense under Subsection (a) or (b) is a misdemeanor
punishable by a fine of not more than $100 unless it is shown on the
trial of the offense that the defendant has been previously
convicted at least one time of an offense under this section, in
which event the offense is punishable by a fine of not more than
$200.
SECTION 3. The heading to Section 545.425, Transportation
Code, is amended to read as follows:
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE
GENERALLY; OFFENSE.
SECTION 4. Section 545.425(a)(1), Transportation Code, is
amended to read as follows:
(1) "Hands-free device" means speakerphone
capability, [or] a telephone attachment, or another function or
other piece of equipment, regardless of whether permanently
installed in or on a wireless communication device or in a [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 a function of the wireless communication device or
hands-free device.
SECTION 5. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.4251 to read as follows:
Sec. 545.4251. USE OF WIRELESS COMMUNICATION DEVICE TO SEND
TEXT-BASED COMMUNICATIONS; OFFENSE. (a) In this section:
(1) "Handheld wireless communication device" means a
wireless communication device, as defined by Section 545.425, that
is portable.
(2) "Text-based communication" means a communication
that is designed or intended to be composed with at least one hand
on a handheld wireless communication device and that is 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;
(C) an e-mail; or
(D) another type of electronic message.
(b) An operator commits an offense if the operator uses 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) It is a defense to prosecution under Subsection (b)
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, a push-to-talk function, or a hands-free device, as
defined by Section 545.425;
(C) to navigate using a global positioning system
or navigation service;
(D) to report illegal activity or summon
emergency help; or
(E) to read a text-based communication:
(i) that the person reasonably believes
concerns an emergency; or
(ii) that concerns an emergency regardless
of the person's belief; or
(2) the handheld wireless communication device:
(A) was used by the operator to relay information
between the operator and a dispatcher in the course of the
operator's occupational duties; and
(B) was affixed to the vehicle.
(d) Subsection (b) does not apply to:
(1) an operator of an authorized emergency or law
enforcement vehicle using a wireless communication device while
acting in an official capacity; or
(2) an operator who is licensed by the Federal
Communications Commission while operating a radio frequency device
other than a handheld wireless communication device.
(e) This section preempts all local ordinances, rules, or
regulations adopted by a political subdivision of this state
relating to using a wireless communication device while operating a
motor vehicle.
(e-1) Subsection (e) does not apply to a local ordinance,
rule, or regulation adopted by a political subdivision of this
state before September 1, 2011.
(f) An offense under this section is a misdemeanor
punishable by a fine of not more than $100 unless it is shown on the
trial of the offense that the defendant has been previously
convicted at least one time of an offense under this section, in
which event the offense is punishable by a fine of not more than
$200.
(g) The Texas Department of Transportation shall post a sign
at each point at which an interstate highway or United States
highway enters this state that informs an operator that:
(1) the use of a handheld wireless communication
device to read, write, or send a text-based communication while
operating a motor vehicle is prohibited in this state; and
(2) the operator is subject to a fine if the operator
uses a handheld wireless communication device to read, write, or
send a text-based communication while operating a motor vehicle in
this state.
(h) A peace officer who stops a motor vehicle for an alleged
violation of this section may not, without the consent of the
operator, take possession of or otherwise inspect a wireless
communication device in the possession of the operator solely based
on a violation of this section.
(i) A telecommunications provider may provide records
related to the commission of an alleged offense under this section
only as required by a search warrant issued under Chapter 18, Code
of Criminal Procedure.
SECTION 6. This Act takes effect September 1, 2013.