Texas 2015 - 84th Regular

Texas House Bill HB1352 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R874 JXC-D
2	2	By: Turner of Tarrant H.B. No. 1352
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of a wireless communication device while
8	8	operating a motor vehicle; creating an offense and providing
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 545, Transportation Code, is amended by
12	12	adding Subchapter H-1 to read as follows:
13	13	SUBCHAPTER H-1. USE OF WIRELESS COMMUNICATION DEVICE
14	14	Sec. 545.381. DEFINITIONS. In this subchapter:
15	15	(1) "Hands-free device" means speakerphone capability
16	16	or a telephone attachment or other piece of equipment, regardless
17	17	of whether permanently installed in the motor vehicle, that allows
18	18	use of a wireless communication device without use of either of the
19	19	operator's hands.
20	20	(2) "Text-based communication" includes:
21	21	(A) a text message;
22	22	(B) an instant message;
23	23	(C) an e-mail; or
24	24	(D) another type of written electronic message.
25	25	(3) "Wireless communication device" means a device
26	26	that uses a commercial mobile service, as defined by 47 U.S.C.
27	27	Section 332.
28	28	Sec. 545.382. APPLICABILITY. This subchapter does not
29	29	apply to:
30	30	(1) an operator of an authorized emergency vehicle
31	31	using a wireless communication device while acting in an official
32	32	capacity; or
33	33	(2) an operator who is licensed by the Federal
34	34	Communications Commission while operating a radio frequency device
35	35	other than a wireless communication device.
36	36	Sec. 545.383. PREEMPTION. This subchapter does not preempt
37	37	a local ordinance, rule, or regulation adopted by a political
38	38	subdivision relating to the use of a wireless communication device
39	39	by the operator of a motor vehicle that is consistent with or more
40	40	stringent than the provisions of this subchapter.
41	41	Sec. 545.384. USE OF WIRELESS COMMUNICATION DEVICE TO SEND
42	42	TEXT-BASED COMMUNICATION WHILE OPERATING MOTOR VEHICLE WHEN MINOR
43	43	PRESENT; OFFENSE. (a) An operator commits an offense if the
44	44	operator uses at least one hand to read, write, or send a text-based
45	45	communication with a wireless communication device while operating
46	46	a motor vehicle when a person under 18 years of age is in the vehicle
47	47	unless the vehicle is stopped.
48	48	(b) An offense under this section is a misdemeanor
49	49	punishable by a fine of not more than $100, unless it is shown on the
50	50	trial of the offense that the defendant has been previously
51	51	convicted at least one time of an offense under this section, in
52	52	which event the offense is punishable by a fine of not more than
53	53	$200.
54	54	(c) The Texas Department of Transportation shall post a sign
55	55	at each point at which an interstate highway or U.S. highway enters
56	56	this state that informs an operator that:
57	57	(1) the use of a wireless communication device to
58	58	read, write, or send a text-based communication while operating a
59	59	motor vehicle when a person under 18 years of age is in the vehicle
60	60	is prohibited in this state; and
61	61	(2) the operator is subject to a fine if the operator
62	62	violates the prohibition.
63	63	(d) It is a defense to prosecution under this section that
64	64	the operator used a wireless communication device:
65	65	(1) in conjunction with a hands-free device;
66	66	(2) to navigate using a global positioning system or
67	67	navigation service;
68	68	(3) to report illegal activity or summon emergency
69	69	help;
70	70	(4) to read a text-based communication that the person
71	71	reasonably believes concerns an emergency; or
72	72	(5) to relay information between the operator and a
73	73	dispatcher in the course of the operator's occupational duties, if
74	74	the device was affixed to the vehicle.
75	75	Sec. 545.385. USE OF WIRELESS COMMUNICATION DEVICE WHILE
76	76	OPERATING PASSENGER BUS WITH A MINOR PASSENGER; OFFENSE. (a) An
77	77	operator commits an offense if the operator uses a wireless
78	78	communication device while operating a passenger bus with a
79	79	passenger who is under 18 years of age on the bus unless the bus is
80	80	stopped.
81	81	(b) It is an affirmative defense to prosecution of an
82	82	offense under this section that the wireless communication device
83	83	was used to make an emergency call to:
84	84	(1) an emergency response service, including a rescue,
85	85	emergency medical, or hazardous material response service;
86	86	(2) a hospital;
87	87	(3) a fire department;
88	88	(4) a health clinic;
89	89	(5) a medical doctor's office;
90	90	(6) an individual to administer first aid treatment;
91	91	or
92	92	(7) a police department.
93	93	Sec. 545.386. USE OF WIRELESS COMMUNICATION DEVICE WHILE
94	94	OPERATING MOTOR VEHICLE ON SCHOOL PROPERTY OR IN SCHOOL CROSSING
95	95	ZONE; OFFENSE. (a) An operator commits an offense if the operator
96	96	uses a wireless communication device while operating a motor
97	97	vehicle on the property of a public elementary, middle, junior
98	98	high, or high school for which a local authority has designated a
99	99	school crossing zone, during the time a reduced speed limit is in
100	100	effect for the school crossing zone, unless:
101	101	(1) the vehicle is stopped; or
102	102	(2) the operator uses the device with a hands-free
103	103	device.
104	104	(b) An operator commits an offense if the operator uses a
105	105	wireless communication device while operating a motor vehicle in a
106	106	school crossing zone unless:
107	107	(1) the vehicle is stopped; or
108	108	(2) the operator uses the wireless communication
109	109	device with a hands-free device.
110	110	(c) It is an affirmative defense to prosecution of an
111	111	offense:
112	112	(1) under this section that the wireless communication
113	113	device was used to make an emergency call to:
114	114	(A) an emergency response service, including a
115	115	rescue, emergency medical, or hazardous material response service;
116	116	(B) a hospital;
117	117	(C) a fire department;
118	118	(D) a health clinic;
119	119	(E) a medical doctor's office;
120	120	(F) an individual to administer first aid
121	121	treatment; or
122	122	(G) a police department; or
123	123	(2) under Subsection (b) that:
124	124	(A) the offense was committed in a school
125	125	crossing zone located in a political subdivision other than a
126	126	political subdivision that is in compliance with Subsection (e);
127	127	and
128	128	(B) a sign required by Subsection (d) was not
129	129	posted at the time of the offense.
130	130	(d) Except as provided by Subsection (e), a political
131	131	subdivision that enforces Subsection (b) shall post a warning sign
132	132	at each entrance to a school crossing zone in the political
133	133	subdivision. The political subdivision shall pay the costs
134	134	associated with posting the signs in the political subdivision. The
135	135	department shall adopt standards that:
136	136	(1) allow for the signs to be attached to existing
137	137	signs at a minimal cost; and
138	138	(2) require that the signs inform an operator that:
139	139	(A) the use of a wireless communication device is
140	140	prohibited in the school crossing zone; and
141	141	(B) the operator is subject to a fine if the
142	142	operator uses a wireless communication device in the school
143	143	crossing zone.
144	144	(e) A political subdivision that by ordinance or rule
145	145	prohibits the use of a wireless communication device while
146	146	operating a motor vehicle throughout the jurisdiction of the
147	147	political subdivision is not required to post a warning sign
148	148	required by Subsection (d) if the political subdivision:
149	149	(1) posts warning signs that are readable to an
150	150	operator traveling at the applicable speed limit at each point at
151	151	which a state highway, U.S. highway, or interstate highway enters
152	152	the political subdivision and that state:
153	153	(A) that an operator is prohibited from using a
154	154	wireless communication device while operating a motor vehicle in
155	155	the political subdivision; and
156	156	(B) that the operator is subject to a fine if the
157	157	operator uses a wireless communication device while operating a
158	158	motor vehicle in the political subdivision; and
159	159	(2) subject to applicable United States Department of
160	160	Transportation Federal Highway Administration rules, posts a
161	161	message that complies with Subdivision (1) on any dynamic message
162	162	sign operated by the political subdivision located on a state
163	163	highway, U.S. highway, or interstate highway in the political
164	164	subdivision.
165	165	Sec. 545.387. USE OF WIRELESS COMMUNICATION DEVICE BY
166	166	PERSON UNDER 18 YEARS OF AGE WHILE OPERATING A MOTOR VEHICLE;
167	167	OFFENSE. (a) A person under 18 years of age commits an offense if
168	168	the person operates a motor vehicle while using a wireless
169	169	communication device, except in case of emergency.
170	170	(b) A person under 17 years of age who holds a restricted
171	171	motorcycle license or moped license commits an offense if the
172	172	person operates a motorcycle or moped while using a wireless
173	173	communication device, except in case of emergency.
174	174	(c) A peace officer may not stop a vehicle or detain the
175	175	operator of a vehicle for the sole purpose of determining whether
176	176	the operator of the vehicle has violated this section.
177	177	(d) This section does not apply to a person operating a
178	178	motor vehicle while accompanied in the manner required by Section
179	179	521.222(d)(2) for the holder of an instruction permit.
180	180	SECTION 2. Sections 545.424(a), (b), and (f), 545.425, and
181	181	545.4252, Transportation Code, are repealed.
182	182	SECTION 3. The change in law made by this Act applies only
183	183	to an offense committed on or after the effective date of this Act.
184	184	An offense committed before the effective date of this Act is
185	185	governed by the law in effect on the date the offense was committed,
186	186	and the former law is continued in effect for that purpose. For
187	187	purposes of this section, an offense was committed before the
188	188	effective date of this Act if any element of the offense occurred
189	189	before that date.
190	190	SECTION 4. This Act takes effect September 1, 2015.