84R661 JXC-D
By: Menéndez H.B. No. 141
A BILL TO BE ENTITLED
AN ACT
relating to the use of a wireless communication device while
operating a motor vehicle; creating an offense and providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.001, Transportation Code, is amended
by adding Subdivisions (3) and (4) to read as follows:
(3) "Hands-free device" means speakerphone capability
or a telephone attachment or other piece of equipment, regardless
of whether permanently installed in the motor vehicle, that allows
use of the wireless communication device without use of either of
the operator's hands.
(4) "Wireless communication device" means a device
that uses a commercial mobile service, as defined by 47 U.S.C.
Section 332.
SECTION 2. The heading to Section 545.425, Transportation
Code, is amended to read as follows:
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE WHILE
OPERATING MOTOR VEHICLE ON SCHOOL PROPERTY OR IN [A] SCHOOL
CROSSING ZONE [OR WHILE OPERATING A SCHOOL BUS WITH A MINOR
PASSENGER]; OFFENSE.
SECTION 3. Sections 545.425(a), (b), (b-1), (c), (d), and
(f), Transportation Code, are amended to read as follows:
(a) An operator may not use a wireless communication device
while operating a motor vehicle on the property of a public
elementary, middle, junior high, or high school for which a local
authority has designated a school crossing zone, during the time a
reduced speed limit is in effect for the school crossing zone,
unless:
(1) the vehicle's transmission is in park;
(2) the vehicle's parking brake is applied; or
(3) the operator uses the wireless communication
device with a hands-free device [In this section:
[(1) "Hands-free device" means speakerphone
capability or a telephone attachment or other piece of equipment,
regardless of whether permanently installed in the motor vehicle,
that allows use of the wireless communication device without use of
either of the operator's hands.
[(2) "Wireless communication device" means a device
that uses a commercial mobile service, as defined by 47 U.S.C.
Section 332].
(b) An [Except as provided by Subsection (c), an] operator
may not use a wireless communication device while operating a motor
vehicle in [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 operator uses the wireless
communication device [is used] with a hands-free device.
(b-1) Except as provided by Subsection (b-2), a
municipality, county, or other political subdivision that enforces
Subsection (b) [this section] shall post a sign that complies with
the standards described by this subsection at the entrance to each
school crossing zone in the municipality, county, or other
political subdivision. The department shall adopt standards that:
(1) allow for a sign required to be posted under this
subsection to be attached to an existing sign at a minimal cost; and
(2) require that a sign required to be posted under
this subsection inform an operator that:
(A) the use of a wireless communication device is
prohibited in the school crossing zone; and
(B) the operator is subject to a fine if the
operator uses a wireless communication device in the school
crossing zone.
(c) An offense under this section is a misdemeanor
punishable by a fine of not less than $125 or more than $200
[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) under this section that the wireless communication
device was used to make an emergency call to:
(A) an emergency response service, including a
rescue, emergency medical, or hazardous material response service;
(B) a hospital;
(C) a fire department;
(D) a health clinic;
(E) a medical doctor's office;
(F) an individual to administer first aid
treatment; or
(G) a law enforcement agency [police
department]; and [or]
(2) under Subsection (b) that 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 does not preempt a [preempts all] local ordinance, rule, or
regulation [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
that is consistent with or more stringent than the provisions of
this section.
SECTION 4. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.4251 to read as follows:
Sec. 545.4251. GENERAL USE OF WIRELESS COMMUNICATION DEVICE
WHILE OPERATING MOTOR VEHICLE; OFFENSE. (a) An operator may not use
a wireless communication device while operating a motor vehicle
unless:
(1) the vehicle's transmission is in park;
(2) the vehicle's parking brake is applied; or
(3) the operator uses the wireless communication
device:
(A) with a hands-free device;
(B) for voice communication, including for
reading, selecting, or entering a number or name for the purposes of
making a voice call; or
(C) for navigation.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $25 or more than $100.
(c) This section does not apply to:
(1) an operator of an authorized emergency 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 wireless communication device.
(d) This section does not preempt a local ordinance, rule,
or regulation adopted by a political subdivision relating to the
use of a wireless communication device by the operator of a motor
vehicle that is consistent with or more stringent than the
provisions of this section.
SECTION 5. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.4261 to read as follows:
Sec. 545.4261. USE OF WIRELESS COMMUNICATION DEVICE WHILE
OPERATING PASSENGER BUS WITH MINOR PASSENGER; OFFENSE. (a) An
operator may not use a wireless communication device while
operating a passenger bus with a passenger under 18 years of age on
the bus unless:
(1) the transmission of the bus is in park; or
(2) the parking brake of the bus is applied.
(b) It is an affirmative defense to prosecution of an
offense under this section that the wireless communication device
was used to make an emergency call to:
(1) an emergency response service, including a rescue,
emergency medical, or hazardous material response service;
(2) a hospital;
(3) a fire department;
(4) a health clinic;
(5) a medical doctor's office;
(6) an individual to administer first aid treatment;
or
(7) a law enforcement agency.
(c) This section does not apply to an operator who is
licensed by the Federal Communications Commission while operating a
radio frequency device other than a wireless communication device.
(d) This section does not preempt a local ordinance, rule,
or regulation adopted by a political subdivision relating to the
use of a wireless communication device by the operator of a motor
vehicle that is consistent with or more stringent than the
provisions of this section.
SECTION 6. Sections 545.424(f) and 545.4252,
Transportation Code, are repealed.
SECTION 7. 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 on the date 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 occurred
before that date.
SECTION 8. This Act takes effect September 1, 2015.