84R8455 JXC-D
By: Lucio III H.B. No. 2106
A BILL TO BE ENTITLED
AN ACT
relating to the use of a portable wireless communication device to
send a text-based communication while operating a motor vehicle;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.4251 to read as follows:
Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
DEVICE TO SEND TEXT-BASED COMMUNICATION; OFFENSE. (a) In this
section:
(1) "Text-based communication" means data that is read
from or entered into a wireless communication device, including an
SMS text, e-mail, instant message, or other form of electronic data
retrieval or electronic data communication.
(2) "Wireless communication device" has the meaning
assigned by Section 545.425.
(b) An operator commits an offense if the operator causes or
is at fault in a motor vehicle accident while operating a motor
vehicle and using a portable wireless communication device to read
or manually write or send a text-based communication.
(c) Subsection (b) does not apply to:
(1) an operator of an authorized emergency or law
enforcement vehicle using a portable 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 portable 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.
(e) An offense under this section is a Class B misdemeanor.
SECTION 2. This Act takes effect September 1, 2015.