Texas 2015 - 84th Regular

Texas House Bill HB141 Compare Versions

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

Old	New	Differences
1	1	84R661 JXC-D
2	2	By: Menéndez H.B. No. 141
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. Section 545.001, Transportation Code, is amended
12	12	by adding Subdivisions (3) and (4) to read as follows:
13	13	(3) "Hands-free device" means speakerphone capability
14	14	or a telephone attachment or other piece of equipment, regardless
15	15	of whether permanently installed in the motor vehicle, that allows
16	16	use of the wireless communication device without use of either of
17	17	the operator's hands.
18	18	(4) "Wireless communication device" means a device
19	19	that uses a commercial mobile service, as defined by 47 U.S.C.
20	20	Section 332.
21	21	SECTION 2. The heading to Section 545.425, Transportation
22	22	Code, is amended to read as follows:
23	23	Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE WHILE
24	24	OPERATING MOTOR VEHICLE ON SCHOOL PROPERTY OR IN [A] SCHOOL
25	25	CROSSING ZONE [OR WHILE OPERATING A SCHOOL BUS WITH A MINOR
26	26	PASSENGER]; OFFENSE.
27	27	SECTION 3. Sections 545.425(a), (b), (b-1), (c), (d), and
28	28	(f), Transportation Code, are amended to read as follows:
29	29	(a) An operator may not use a wireless communication device
30	30	while operating a motor vehicle on the property of a public
31	31	elementary, middle, junior high, or high school for which a local
32	32	authority has designated a school crossing zone, during the time a
33	33	reduced speed limit is in effect for the school crossing zone,
34	34	unless:
35	35	(1) the vehicle's transmission is in park;
36	36	(2) the vehicle's parking brake is applied; or
37	37	(3) the operator uses the wireless communication
38	38	device with a hands-free device [In this section:
39	39	[(1) "Hands-free device" means speakerphone
40	40	capability or a telephone attachment or other piece of equipment,
41	41	regardless of whether permanently installed in the motor vehicle,
42	42	that allows use of the wireless communication device without use of
43	43	either of the operator's hands.
44	44	[(2) "Wireless communication device" means a device
45	45	that uses a commercial mobile service, as defined by 47 U.S.C.
46	46	Section 332].
47	47	(b) An [Except as provided by Subsection (c), an] operator
48	48	may not use a wireless communication device while operating a motor
49	49	vehicle in [within] a school crossing zone[, as defined by Section
50	50	541.302, Transportation Code,] unless:
51	51	(1) the vehicle's transmission is in park;
52	52	(2) the vehicle's parking brake is applied [vehicle is
53	53	stopped]; or
54	54	(3) [(2)] the operator uses the wireless
55	55	communication device [is used] with a hands-free device.
56	56	(b-1) Except as provided by Subsection (b-2), a
57	57	municipality, county, or other political subdivision that enforces
58	58	Subsection (b) [this section] shall post a sign that complies with
59	59	the standards described by this subsection at the entrance to each
60	60	school crossing zone in the municipality, county, or other
61	61	political subdivision. The department shall adopt standards that:
62	62	(1) allow for a sign required to be posted under this
63	63	subsection to be attached to an existing sign at a minimal cost; and
64	64	(2) require that a sign required to be posted under
65	65	this subsection inform an operator that:
66	66	(A) the use of a wireless communication device is
67	67	prohibited in the school crossing zone; and
68	68	(B) the operator is subject to a fine if the
69	69	operator uses a wireless communication device in the school
70	70	crossing zone.
71	71	(c) An offense under this section is a misdemeanor
72	72	punishable by a fine of not less than $125 or more than $200
73	73	[operator may not use a wireless communication device while
74	74	operating a passenger bus with a minor passenger on the bus unless
75	75	the passenger bus is stopped].
76	76	(d) It is an affirmative defense to prosecution of an
77	77	offense [under this section that]:
78	78	(1) under this section that the wireless communication
79	79	device was used to make an emergency call to:
80	80	(A) an emergency response service, including a
81	81	rescue, emergency medical, or hazardous material response service;
82	82	(B) a hospital;
83	83	(C) a fire department;
84	84	(D) a health clinic;
85	85	(E) a medical doctor's office;
86	86	(F) an individual to administer first aid
87	87	treatment; or
88	88	(G) a law enforcement agency [police
89	89	department]; and [or]
90	90	(2) under Subsection (b) that a sign required by
91	91	Subsection (b-1) was not posted at the entrance to the school
92	92	crossing zone at the time of an offense committed in the school
93	93	crossing zone.
94	94	(f) This [Except as provided by Subsection (b-2), this]
95	95	section does not preempt a [preempts all] local ordinance, rule, or
96	96	regulation [ordinances, rules, or regulations that are
97	97	inconsistent with specific provisions of this section] adopted by a
98	98	political subdivision [of this state] relating to the use of a
99	99	wireless communication device by the operator of a motor vehicle
100	100	that is consistent with or more stringent than the provisions of
101	101	this section.
102	102	SECTION 4. Subchapter I, Chapter 545, Transportation Code,
103	103	is amended by adding Section 545.4251 to read as follows:
104	104	Sec. 545.4251. GENERAL USE OF WIRELESS COMMUNICATION DEVICE
105	105	WHILE OPERATING MOTOR VEHICLE; OFFENSE. (a) An operator may not use
106	106	a wireless communication device while operating a motor vehicle
107	107	unless:
108	108	(1) the vehicle's transmission is in park;
109	109	(2) the vehicle's parking brake is applied; or
110	110	(3) the operator uses the wireless communication
111	111	device:
112	112	(A) with a hands-free device;
113	113	(B) for voice communication, including for
114	114	reading, selecting, or entering a number or name for the purposes of
115	115	making a voice call; or
116	116	(C) for navigation.
117	117	(b) An offense under this section is a misdemeanor
118	118	punishable by a fine of not less than $25 or more than $100.
119	119	(c) This section does not apply to:
120	120	(1) an operator of an authorized emergency vehicle
121	121	using a wireless communication device while acting in an official
122	122	capacity; or
123	123	(2) an operator who is licensed by the Federal
124	124	Communications Commission while operating a radio frequency device
125	125	other than a wireless communication device.
126	126	(d) This section does not preempt a local ordinance, rule,
127	127	or regulation adopted by a political subdivision relating to the
128	128	use of a wireless communication device by the operator of a motor
129	129	vehicle that is consistent with or more stringent than the
130	130	provisions of this section.
131	131	SECTION 5. Subchapter I, Chapter 545, Transportation Code,
132	132	is amended by adding Section 545.4261 to read as follows:
133	133	Sec. 545.4261. USE OF WIRELESS COMMUNICATION DEVICE WHILE
134	134	OPERATING PASSENGER BUS WITH MINOR PASSENGER; OFFENSE. (a) An
135	135	operator may not use a wireless communication device while
136	136	operating a passenger bus with a passenger under 18 years of age on
137	137	the bus unless:
138	138	(1) the transmission of the bus is in park; or
139	139	(2) the parking brake of the bus is applied.
140	140	(b) It is an affirmative defense to prosecution of an
141	141	offense under this section that the wireless communication device
142	142	was used to make an emergency call to:
143	143	(1) an emergency response service, including a rescue,
144	144	emergency medical, or hazardous material response service;
145	145	(2) a hospital;
146	146	(3) a fire department;
147	147	(4) a health clinic;
148	148	(5) a medical doctor's office;
149	149	(6) an individual to administer first aid treatment;
150	150	or
151	151	(7) a law enforcement agency.
152	152	(c) This section does not apply to an operator who is
153	153	licensed by the Federal Communications Commission while operating a
154	154	radio frequency device other than a wireless communication device.
155	155	(d) This section does not preempt a local ordinance, rule,
156	156	or regulation adopted by a political subdivision relating to the
157	157	use of a wireless communication device by the operator of a motor
158	158	vehicle that is consistent with or more stringent than the
159	159	provisions of this section.
160	160	SECTION 6. Sections 545.424(f) and 545.4252,
161	161	Transportation Code, are repealed.
162	162	SECTION 7. The change in law made by this Act applies only
163	163	to an offense committed on or after the effective date of this Act.
164	164	An offense committed before the effective date of this Act is
165	165	governed by the law in effect on the date the offense was committed,
166	166	and the former law is continued in effect for that purpose. For
167	167	purposes of this section, an offense was committed before the
168	168	effective date of this Act if any element of the offense occurred
169	169	before that date.
170	170	SECTION 8. This Act takes effect September 1, 2015.