Texas 2013 - 83rd Regular

Texas House Bill HB63 Compare Versions

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1	1	83R11674 JXC-D
2	2	By: Craddick, Cook, Lucio III, Harless, H.B. No. 63
3	3	Menendez, et al.
4	4	Substitute the following for H.B. No. 63:
5	5	By: Phillips C.S.H.B. No. 63
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of an offense for use of a handheld
11	11	wireless communication device for text-based communication while
12	12	operating a motor vehicle.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. This Act may be cited as the Alex Brown Memorial
15	15	Act.
16	16	SECTION 2. Section 545.424, Transportation Code, is amended
17	17	by adding Subsection (g) to read as follows:
18	18	(g) An offense under Subsection (a) or (b) is a misdemeanor
19	19	punishable by a fine of not more than $100 unless it is shown on the
20	20	trial of the offense that the defendant has been previously
21	21	convicted at least one time of an offense under this section, in
22	22	which event the offense is punishable by a fine of not more than
23	23	$200.
24	24	SECTION 3. The heading to Section 545.425, Transportation
25	25	Code, is amended to read as follows:
26	26	Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE
27	27	GENERALLY; OFFENSE.
28	28	SECTION 4. Section 545.425(a)(1), Transportation Code, is
29	29	amended to read as follows:
30	30	(1) "Hands-free device" means speakerphone
31	31	capability, [or] a telephone attachment, or another function or
32	32	other piece of equipment, regardless of whether permanently
33	33	installed in or on a wireless communication device or in a [the]
34	34	motor vehicle, that allows use of the wireless communication device
35	35	without use of either of the operator's hands, except to activate or
36	36	deactivate a function of the wireless communication device or
37	37	hands-free device.
38	38	SECTION 5. Subchapter I, Chapter 545, Transportation Code,
39	39	is amended by adding Section 545.4251 to read as follows:
40	40	Sec. 545.4251. USE OF WIRELESS COMMUNICATION DEVICE TO SEND
41	41	TEXT-BASED COMMUNICATIONS; OFFENSE. (a) In this section:
42	42	(1) "Handheld wireless communication device" means a
43	43	wireless communication device, as defined by Section 545.425, that
44	44	is portable.
45	45	(2) "Text-based communication" means a communication
46	46	that is designed or intended to be composed with at least one hand
47	47	on a handheld wireless communication device and that is transmitted
48	48	between wireless communication devices for the purpose of manually
49	49	communicating in a nonspoken manner with another person in a
50	50	written medium. The term includes:
51	51	(A) a text message;
52	52	(B) an instant message;
53	53	(C) an e-mail; or
54	54	(D) another type of electronic message.
55	55	(b) An operator commits an offense if the operator uses a
56	56	handheld wireless communication device to read, write, or send a
57	57	text-based communication while operating a motor vehicle unless the
58	58	vehicle is stopped.
59	59	(c) It is a defense to prosecution under Subsection (b)
60	60	that:
61	61	(1) the operator used a handheld wireless
62	62	communication device:
63	63	(A) to read, select, or enter a telephone number
64	64	or name for the purpose of making a telephone call;
65	65	(B) in conjunction with voice-operated
66	66	technology, a push-to-talk function, or a hands-free device, as
67	67	defined by Section 545.425;
68	68	(C) to navigate using a global positioning system
69	69	or navigation service; or
70	70	(D) to report illegal activity or summon
71	71	emergency help; or
72	72	(2) the handheld wireless communication device:
73	73	(A) was used by the operator to relay information
74	74	between the operator and a dispatcher in the course of the
75	75	operator's occupational duties; and
76	76	(B) was affixed to the vehicle.
77	77	(d) Subsection (b) does not apply to:
78	78	(1) an operator of an authorized emergency or law
79	79	enforcement vehicle using a wireless communication device while
80	80	acting in an official capacity; or
81	81	(2) an operator who is licensed by the Federal
82	82	Communications Commission while operating a radio frequency device
83	83	other than a handheld wireless communication device.
84	84	(e) This section preempts all local ordinances, rules, or
85	85	regulations that are inconsistent with specific provisions of this
86	86	section adopted by a political subdivision of this state relating
87	87	to using a wireless communication device to read, write, or send a
88	88	text-based communication while operating a motor vehicle.
89	89	(f) An offense under this section is a misdemeanor
90	90	punishable by a fine of not more than $100 unless it is shown on the
91	91	trial of the offense that the defendant has been previously
92	92	convicted at least one time of an offense under this section, in
93	93	which event the offense is punishable by a fine of not more than
94	94	$200.
95	95	SECTION 6. This Act takes effect September 1, 2013.