| 1 | 1 | | 84R8455 JXC-D |
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| 2 | 2 | | By: Lucio III H.B. No. 2106 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of a portable wireless communication device to |
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| 8 | 8 | | send a text-based communication while operating a motor vehicle; |
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| 9 | 9 | | creating a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
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| 12 | 12 | | is amended by adding Section 545.4251 to read as follows: |
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| 13 | 13 | | Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION |
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| 14 | 14 | | DEVICE TO SEND TEXT-BASED COMMUNICATION; OFFENSE. (a) In this |
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| 15 | 15 | | section: |
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| 16 | 16 | | (1) "Text-based communication" means data that is read |
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| 17 | 17 | | from or entered into a wireless communication device, including an |
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| 18 | 18 | | SMS text, e-mail, instant message, or other form of electronic data |
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| 19 | 19 | | retrieval or electronic data communication. |
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| 20 | 20 | | (2) "Wireless communication device" has the meaning |
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| 21 | 21 | | assigned by Section 545.425. |
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| 22 | 22 | | (b) An operator commits an offense if the operator causes or |
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| 23 | 23 | | is at fault in a motor vehicle accident while operating a motor |
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| 24 | 24 | | vehicle and using a portable wireless communication device to read |
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| 25 | 25 | | or manually write or send a text-based communication. |
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| 26 | 26 | | (c) Subsection (b) does not apply to: |
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| 27 | 27 | | (1) an operator of an authorized emergency or law |
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| 28 | 28 | | enforcement vehicle using a portable wireless communication device |
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| 29 | 29 | | while acting in an official capacity; or |
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| 30 | 30 | | (2) an operator who is licensed by the Federal |
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| 31 | 31 | | Communications Commission while operating a radio frequency device |
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| 32 | 32 | | other than a portable wireless communication device. |
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| 33 | 33 | | (d) This section does not preempt a local ordinance, rule, |
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| 34 | 34 | | or regulation adopted by a political subdivision relating to the |
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| 35 | 35 | | use of a wireless communication device by the operator of a motor |
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| 36 | 36 | | vehicle that is consistent with or more stringent than the |
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| 37 | 37 | | provisions of this section. |
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| 38 | 38 | | (e) An offense under this section is a Class B misdemeanor. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2015. |
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