Relating to the use of a wireless communication device while operating a motor vehicle; creating a criminal offense; modifying existing criminal penalties.
Impact
This legislation will potentially lead to stricter penalties for distractions caused by wireless communication while driving. It modifies Sections of the Transportation Code to include new provisions that mandate awareness of the dangers posed by using mobile devices while driving. Specifically, it includes an affirmative defense allowing for certain exceptions, such as using a hands-free device or in emergency situations, while ensuring that penalties remain reasonable and not overly punitive for first-time offenders.
Summary
House Bill 160, known as the Alex Brown Memorial Act, addresses the use of wireless communication devices while operating a motor vehicle in Texas. It establishes a new criminal offense for drivers who read, write, or send electronic messages using a portable wireless communication device while behind the wheel, unless the vehicle is stopped. This legislation aims to reduce distracted driving incidents, which pose significant risks to public safety on the roads. The bill modifies existing criminal penalties associated with such offenses, clarifying the definitions of 'electronic message' and 'wireless communication device'.
Contention
The bill faced some points of contention, especially regarding the practicality of enforcement and concerns about personal freedoms. Critics argued that defining what constitutes distracted driving can be subjective and problematic for law enforcement. Moreover, there were discussions about how to adequately inform drivers of the new laws and the intended safety messages. Despite these concerns, many advocates support the bill's goal to increase road safety and reduce the number of accidents attributed to distracted driving.
Identical
Relating to the use of a wireless communication device while operating a motor vehicle; creating a criminal offense; modifying existing criminal penalties.