Texas 2015 - 84th Regular

Texas House Bill HB80 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R13530 JXC-D
2		-	By: Craddick, Cook, Lucio III, Harless, Wu, H.B. No. 80
3		-	et al.
4		-	Substitute the following for H.B. No. 80:
5		-	By: Pickett C.S.H.B. No. 80
	1	+	By: Craddick, et al. (Senate Sponsor - Zaffirini) H.B. No. 80
	2	+	(In the Senate - Received from the House March 30, 2015;
	3	+	April 21, 2015, read first time and referred to Committee on State
	4	+	Affairs; May 12, 2015, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 5, Nays 2;
	6	+	May 12, 2015, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 80 By: Zaffirini
6	9
7	10
8	11		A BILL TO BE ENTITLED
9	12		AN ACT
10	13		relating to the use of a portable wireless communication device
11	14		while operating a motor vehicle; creating a criminal offense;
12	15		modifying existing criminal penalties.
13	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	17		SECTION 1. This Act may be cited as the Alex Brown Memorial
15	18		Act.
16	19		SECTION 2. Sections 521.161(b) and (c), Transportation
17	20		Code, are amended to read as follows:
18	21		(b) The examination must include:
19	22		(1) a test of the applicant's:
20	23		(A) vision;
21	24		(B) ability to identify and understand highway
22	25		signs in English that regulate, warn, or direct traffic;
23	26		(C) knowledge of the traffic laws of this state;
24	27		[and]
25	28		(D) knowledge of motorists' rights and
26	29		responsibilities in relation to bicyclists; and
27	30		(E) knowledge of the effect of using a wireless
28	31		communication device, or engaging in other actions that may
29	32		distract a driver, on the safe or effective operation of a motor
30	33		vehicle;
31	34		(2) a demonstration of the applicant's ability to
32	35		exercise ordinary and reasonable control in the operation of a
33	36		motor vehicle of the type that the applicant will be licensed to
34	37		operate; and
35	38		(3) any additional examination the department finds
36	39		necessary to determine the applicant's fitness to operate a motor
37	40		vehicle safely.
38	41		(c) The department shall give each applicant the option of
39	42		taking the parts of the examination under Subsections (b)(1)(B),
40	43		(C), [and] (D), and (E) in writing in addition to or instead of
41	44		through a mechanical, electronic, or other testing method. If the
42	45		applicant takes that part of the examination in writing in addition
43	46		to another testing method, the applicant is considered to have
44	47		passed that part of the examination if the applicant passes either
45	48		version of the examination. The department shall inform each
46	49		person taking the examination of the person's rights under this
47	50		subsection.
48	51		SECTION 3. Section 545.424, Transportation Code, is amended
49	52		by adding Subsection (g) to read as follows:
50	53		(g) An offense under Subsection (a) or (b) is a misdemeanor
51	54		punishable by a fine of at least $25 and not more than $99 unless it
52	55		is shown on the trial of the offense that the defendant has been
53	56		previously convicted at least one time of an offense under this
54	57		section, in which event the offense is punishable by a fine of at
55	58		least $100 and not more than $200.
56	59		SECTION 4. Section 545.425(a)(1), Transportation Code, is
57	60		amended to read as follows:
58	61		(1) "Hands-free device" means speakerphone
59	62		capability, [or] a telephone attachment, or another function or
60	63		other piece of equipment, regardless of whether permanently
61	64		installed in or on a wireless communication device or in a [the]
62	65		motor vehicle, that allows use of the wireless communication device
63	66		without use of either of the operator's hands, except to activate or
64	67		deactivate a function of the wireless communication device or
65	68		hands-free device.
66	69		SECTION 5. Subchapter I, Chapter 545, Transportation Code,
67	70		is amended by adding Section 545.4251 to read as follows:
68	71		Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
69	72		DEVICE TO SEND TEXT-BASED COMMUNICATION; OFFENSE. (a) In this
70	73		section:
71		-	(1) "Text-based communication" means data that is read
72		-	from or manually entered into a wireless communication device,
73		-	including an SMS text, e-mail, instant message, or other form of
74		-	electronic data retrieval or electronic data communication.
	74	+	(1) "Text-based communication" means data, other than
	75	+	a telephone number or global positioning system data, that is read
	76	+	from or manually entered into a wireless communication device for
	77	+	the purpose of communicating with another person, including an SMS
	78	+	text, e-mail, or instant message.
75	79		(2) "Wireless communication device" has the meaning
76	80		assigned by Section 545.425.
77	81		(b) An operator commits an offense if the operator uses a
78	82		portable wireless communication device to read, write, or send a
79	83		text-based communication while operating a motor vehicle unless the
80		-	vehicle is stopped ~~and is outside a lane of travel~~.
	84	+	vehicle is stopped.
81	85		(c) It is a defense to prosecution under Subsection (b) that
82	86		the operator used a portable wireless communication device:
83		-	(1) to read, select, or enter a telephone number or
84		-	name for the purpose of making a telephone call;
85		-	(2) in conjunction with voice-operated technology, a
	87	+	(1) in conjunction with voice-operated technology, a
86	88		push-to-talk function, or a hands-free device, as defined by
87	89		Section 545.425;
88		-	(3) to navigate using a global positioning system or
89		-	navigation service;
90		-	(4) to report illegal activity or summon emergency
	90	+	(2) to report illegal activity or summon emergency
91	91		help;
92		-	(5) to read a text-based communication that the person
	92	+	(3) to read a text-based communication that the person
93	93		reasonably believed concerned an emergency; or
94		-	(6) that was affixed to the ~~vehicle to relay~~
95		-	information ~~between the operator and a dispatcher~~ in the course of
96		-	the operator~~'s occupational duties.~~
97		-	(d) ~~Subsection (b) does not apply to:~~
98		-	(1) ~~an operator of an authorized emergency~~ or ~~law~~
99		-	~~enforcement vehicle using a portable wireless communication device~~
100		-	~~while acting in~~ an ~~official capacity;~~ or
101		-	~~(2) an operator who is~~ licensed by the Federal
102		-	~~Communications Commission while operating a~~ radio frequency device
103		-	~~other than a portable wireless communication~~ device.
104		-	(e) This section ~~does not preempt a~~ local ~~ordinance~~, ~~rule~~,
105		-	~~or regulation~~ adopted by a political subdivision relating to ~~the~~
106		-	use of a portable wireless communication device by the operator ~~of a~~
107		-	motor vehicle ~~that is consistent with~~ or ~~more stringent than the~~
108		-	~~provisions of this section~~.
	94	+	(4) that was permanently or temporarily affixed to the
	95	+	vehicle to relay information in the course of the operator's
	96	+	occupational duties between the operator and:
	97	+	(A) a dispatcher; or
	98	+	(B) a digital network or software application
	99	+	service.
	100	+	(d) Subsection (b) does not apply to an operator who is
	101	+	licensed by the Federal Communications Commission while operating a
	102	+	radio frequency device other than a portable wireless communication
	103	+	device.
	104	+	(e) This section preempts all local ordinances, rules, or
	105	+	other regulations adopted by a political subdivision relating to
	106	+	the use of a portable wireless communication device by the operator
	107	+	of a motor vehicle to read, write, or send a text-based
	108	+	communication.
109	109		(f) An offense under this section is a misdemeanor
110	110		punishable by a fine of at least $25 and not more than $99 unless it
111	111		is shown on the trial of the offense that the defendant has been
112	112		previously convicted at least one time of an offense under this
113	113		section, in which event the offense is punishable by a fine of at
114	114		least $100 and not more than $200.
115	115		(g) The Texas Department of Transportation shall post a sign
116	116		at each point at which an interstate highway or United States
117	117		highway enters this state that informs an operator that:
118	118		(1) the use of a portable wireless communication
119	119		device to read, write, or send a text-based communication while
120	120		operating a motor vehicle is prohibited in this state; and
121	121		(2) the operator is subject to a fine if the operator
122	122		uses a portable wireless communication device to read, write, or
123	123		send a text-based communication while operating a motor vehicle in
124	124		this state.
125	125		(h) A peace officer who stops a motor vehicle for an alleged
126	126		violation of this section may not take possession of or otherwise
127	127		inspect a portable wireless communication device in the possession
128	128		of the operator unless authorized by the Code of Criminal
129	129		Procedure, the Penal Code, or other law.
130	130		SECTION 6. Section 708.052, Transportation Code, is amended
131	131		by adding Subsection (e-1) to read as follows:
132	132		(e-1) Notwithstanding Subsection (b), the department may
133	133		not assign points to a person's license if the offense of which the
134	134		person was convicted is the offense of using a portable wireless
135	135		communication device to send a text-based communication as
136	136		described by Section 545.4251.
137		-	SECTION 7. The changes in law made by this Act to ~~Sections~~
138		-	545~~.424 and 545.425~~, Transportation Code, apply only to an offense
139		-	~~committed on or~~ after the effective date of this Act. An offense
140		-	~~committed before~~ the effective date of this Act is governed by the
141		-	~~law in effect on~~ the date the offense was committed, and the former
142		-	~~law is continued~~ in effect for that purpose. For purposes of this
143		-	~~section, an~~ offense was committed before the effective date of this
144		-	~~Act if any~~ element of the offense occurred before that date.
	137	+	SECTION 7. The changes in law made by this Act to Chapter
	138	+	545, Transportation Code, apply only to an offense committed on or
	139	+	after the effective date of this Act. An offense committed before
	140	+	the effective date of this Act is governed by the law in effect on
	141	+	the date the offense was committed, and the former law is continued
	142	+	in effect for that purpose. For purposes of this section, an
	143	+	offense was committed before the effective date of this Act if any
	144	+	element of the offense occurred before that date.
145	145		SECTION 8. This Act takes effect September 1, 2015.
	146	+	* * * * *