Texas 2015 - 84th Regular

Texas House Bill HB214 Compare Versions

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

Old	New	Differences
1	1	84R1357 JXC-D
2	2	By: Harless H.B. No. 214
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of a portable wireless communication device
8	8	while operating a motor vehicle; creating an offense; providing
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Alex Brown Memorial
12	12	Act.
13	13	SECTION 2. Sections 521.161(b) and (c), Transportation
14	14	Code, are amended to read as follows:
15	15	(b) The examination must include:
16	16	(1) a test of the applicant's:
17	17	(A) vision;
18	18	(B) ability to identify and understand highway
19	19	signs in English that regulate, warn, or direct traffic;
20	20	(C) knowledge of the traffic laws of this state;
21	21	[and]
22	22	(D) knowledge of motorists' rights and
23	23	responsibilities in relation to bicyclists; and
24	24	(E) knowledge of the effect of using a wireless
25	25	communication device, or engaging in other actions that may
26	26	distract a driver, on the safe or effective operation of a motor
27	27	vehicle;
28	28	(2) a demonstration of the applicant's ability to
29	29	exercise ordinary and reasonable control in the operation of a
30	30	motor vehicle of the type that the applicant will be licensed to
31	31	operate; and
32	32	(3) any additional examination the department finds
33	33	necessary to determine the applicant's fitness to operate a motor
34	34	vehicle safely.
35	35	(c) The department shall give each applicant the option of
36	36	taking the parts of the examination under Subsections (b)(1)(B),
37	37	(C), [and] (D), and (E) in writing in addition to or instead of
38	38	through a mechanical, electronic, or other testing method. If the
39	39	applicant takes that part of the examination in writing in addition
40	40	to another testing method, the applicant is considered to have
41	41	passed that part of the examination if the applicant passes either
42	42	version of the examination. The department shall inform each
43	43	person taking the examination of the person's rights under this
44	44	subsection.
45	45	SECTION 3. Section 545.424, Transportation Code, is amended
46	46	by adding Subsection (g) to read as follows:
47	47	(g) An offense under Subsection (a) or (b) is a misdemeanor
48	48	punishable by a fine of at least $25 and not more than $99 unless it
49	49	is shown on the trial of the offense that the defendant has been
50	50	previously convicted at least one time of an offense under this
51	51	section, in which event the offense is punishable by a fine of at
52	52	least $100 and not more than $200.
53	53	SECTION 4. Section 545.425(a)(1), Transportation Code, is
54	54	amended to read as follows:
55	55	(1) "Hands-free device" means speakerphone
56	56	capability, [or] a telephone attachment, or another function or
57	57	other piece of equipment, regardless of whether permanently
58	58	installed in or on a wireless communication device or in a [the]
59	59	motor vehicle, that allows use of the wireless communication device
60	60	without use of either of the operator's hands, except to activate or
61	61	deactivate a function of the wireless communication device or
62	62	hands-free device.
63	63	SECTION 5. Subchapter I, Chapter 545, Transportation Code,
64	64	is amended by adding Section 545.4251 to read as follows:
65	65	Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
66	66	DEVICE TO SEND TEXT-BASED COMMUNICATION; OFFENSE. (a) In this
67	67	section:
68	68	(1) "Text-based communication" means data that is read
69	69	from or manually entered into a wireless communication device,
70	70	including an SMS text, e-mail, instant message, or other form of
71	71	electronic data retrieval or electronic data communication.
72	72	(2) "Wireless communication device" has the meaning
73	73	assigned by Section 545.425.
74	74	(b) An operator commits an offense if the operator uses a
75	75	portable wireless communication device to read, write, or send a
76	76	text-based communication while operating a motor vehicle unless the
77	77	vehicle is stopped and is outside a lane of travel.
78	78	(c) It is a defense to prosecution under Subsection (b) that
79	79	the operator used a portable wireless communication device:
80	80	(1) to read, select, or enter a telephone number or
81	81	name for the purpose of making a telephone call;
82	82	(2) in conjunction with voice-operated technology, a
83	83	push-to-talk function, or a hands-free device, as defined by
84	84	Section 545.425;
85	85	(3) to navigate using a global positioning system or
86	86	navigation service;
87	87	(4) to report illegal activity or summon emergency
88	88	help;
89	89	(5) to read a text-based communication that the person
90	90	reasonably believed concerned an emergency; or
91	91	(6) that was affixed to the vehicle to relay
92	92	information between the operator and a dispatcher in the course of
93	93	the operator's occupational duties.
94	94	(d) Subsection (b) does not apply to:
95	95	(1) an operator of an authorized emergency or law
96	96	enforcement vehicle using a portable wireless communication device
97	97	while acting in an official capacity; or
98	98	(2) an operator who is licensed by the Federal
99	99	Communications Commission while operating a radio frequency device
100	100	other than a portable wireless communication device.
101	101	(e) This section does not preempt a local ordinance, rule,
102	102	or regulation adopted by a political subdivision relating to the
103	103	use of a portable wireless communication device by the operator of a
104	104	motor vehicle that is consistent with or more stringent than the
105	105	provisions of this section.
106	106	(f) An offense under this section is a misdemeanor
107	107	punishable by a fine of at least $25 and not more than $99 unless it
108	108	is shown on the trial of the offense that the defendant has been
109	109	previously convicted at least one time of an offense under this
110	110	section, in which event the offense is punishable by a fine of at
111	111	least $100 and not more than $200.
112	112	(g) The Texas Department of Transportation shall post a sign
113	113	at each point at which an interstate highway or United States
114	114	highway enters this state that informs an operator that:
115	115	(1) the use of a portable wireless communication
116	116	device to read, write, or send a text-based communication while
117	117	operating a motor vehicle is prohibited in this state; and
118	118	(2) the operator is subject to a fine if the operator
119	119	uses a portable wireless communication device to read, write, or
120	120	send a text-based communication while operating a motor vehicle in
121	121	this state.
122	122	(h) A peace officer who stops a motor vehicle for an alleged
123	123	violation of this section may not take possession of or otherwise
124	124	inspect a portable wireless communication device in the possession
125	125	of the operator unless authorized by the Code of Criminal
126	126	Procedure, the Penal Code, or other law.
127	127	SECTION 6. Section 708.052, Transportation Code, is amended
128	128	by adding Subsection (e-1) to read as follows:
129	129	(e-1) Notwithstanding Subsection (b), the department may
130	130	not assign points to a person's license if the offense of which the
131	131	person was convicted is the offense of using a portable wireless
132	132	communication device to send a text-based communication as
133	133	described by Section 545.4251.
134	134	SECTION 7. The changes in law made by this Act to Sections
135	135	545.424 and 545.425, Transportation Code, apply only to an offense
136	136	committed on or after the effective date of this Act. An offense
137	137	committed before the effective date of this Act is governed by the
138	138	law in effect on the date the offense was committed, and the former
139	139	law is continued in effect for that purpose. For purposes of this
140	140	section, an offense was committed before the effective date of this
141	141	Act if any element of the offense occurred before that date.
142	142	SECTION 8. This Act takes effect September 1, 2015.