Texas 2017 - 85th Regular

Texas House Bill HB160 Compare Versions

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

Old	New	Differences
1	1	85R3511 JXC-F
2	2	By: Lucio III H.B. No. 160
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of a wireless communication device while
8	8	operating a motor vehicle; creating a criminal offense; modifying
9	9	existing criminal 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 amending Subsections (a), (b), and (c) and adding Subsection (g)
47	47	to read as follows:
48	48	(a) A person under 18 years of age may not operate a motor
49	49	vehicle while using a wireless communication [communications]
50	50	device, except in case of emergency. This subsection does not apply
51	51	to a person licensed by the Federal Communications Commission while
52	52	operating a radio frequency device other than a wireless
53	53	communication device.
54	54	(b) A person under 17 years of age who holds a restricted
55	55	motorcycle license or moped license may not operate a motorcycle or
56	56	moped while using a wireless communication [communications]
57	57	device, except in case of emergency. This subsection does not apply
58	58	to a person licensed by the Federal Communications Commission while
59	59	operating a radio frequency device other than a wireless
60	60	communication device.
61	61	(c) Subsection (a-1) [This section] does not apply to[:
62	62	[(1)] a person operating a motor vehicle while
63	63	accompanied in the manner required by Section 521.222(d)(2) for the
64	64	holder of an instruction permit[; or
65	65	[(2) a person licensed by the Federal Communications
66	66	Commission to operate a wireless communication device or a radio
67	67	frequency device].
68	68	(g) An offense under Subsection (a) or (b) is a misdemeanor
69	69	punishable by a fine of at least $25 and not more than $99 unless it
70	70	is shown on the trial of the offense that the defendant has been
71	71	previously convicted at least one time of an offense under either
72	72	subsection, in which event the offense is punishable by a fine of at
73	73	least $100 and not more than $200.
74	74	SECTION 4. Section 545.425(a)(1), Transportation Code, is
75	75	amended to read as follows:
76	76	(1) "Hands-free device" means speakerphone
77	77	capability, [or] a telephone attachment, or another function or
78	78	other piece of equipment, regardless of whether permanently
79	79	installed in or on a wireless communication device or in a [the]
80	80	motor vehicle, that allows use of the wireless communication device
81	81	without use of either of the operator's hands, except to activate or
82	82	deactivate a function of the wireless communication device or
83	83	hands-free device. The term includes voice-operated technology and
84	84	a push-to-talk function.
85	85	SECTION 5. Subchapter I, Chapter 545, Transportation Code,
86	86	is amended by adding Section 545.4251 to read as follows:
87	87	Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
88	88	DEVICE FOR ELECTRONIC MESSAGING; OFFENSE. (a) In this section:
89	89	(1) "Electronic message" means data that is read from
90	90	or entered into a wireless communication device for the purpose of
91	91	communicating with another person.
92	92	(2) "Wireless communication device" has the meaning
93	93	assigned by Section 545.425.
94	94	(b) An operator commits an offense if the operator uses a
95	95	portable wireless communication device to read, write, or send an
96	96	electronic message while operating a motor vehicle unless the
97	97	vehicle is stopped.
98	98	(c) It is an affirmative defense to prosecution of an
99	99	offense under this section that the operator used a portable
100	100	wireless communication device:
101	101	(1) in conjunction with a hands-free device, as
102	102	defined by Section 545.425;
103	103	(2) to report illegal activity or summon emergency
104	104	help;
105	105	(3) to read an electronic message that the person
106	106	reasonably believed concerned an emergency; or
107	107	(4) that was permanently or temporarily affixed to the
108	108	vehicle to relay information in the course of the operator's
109	109	occupational duties between the operator and:
110	110	(A) a dispatcher; or
111	111	(B) a digital network or software application
112	112	service.
113	113	(d) Subsection (b) does not apply to:
114	114	(1) an operator of an authorized emergency or law
115	115	enforcement vehicle using a portable wireless communication device
116	116	while acting in an official capacity; or
117	117	(2) an operator who is licensed by the Federal
118	118	Communications Commission while operating a radio frequency device
119	119	other than a portable wireless communication device.
120	120	(e) An offense under this section is a misdemeanor
121	121	punishable by a fine of at least $25 and not more than $99 unless it
122	122	is shown on the trial of the offense that the defendant has been
123	123	previously convicted at least one time of an offense under this
124	124	section, in which event the offense is punishable by a fine of at
125	125	least $100 and not more than $200.
126	126	(f) The Texas Department of Transportation shall post a sign
127	127	at each point at which an interstate highway or United States
128	128	highway enters this state that informs an operator that:
129	129	(1) the use of a portable wireless communication
130	130	device for electronic messaging while operating a motor vehicle is
131	131	prohibited in this state; and
132	132	(2) the operator is subject to a fine if the operator
133	133	uses a portable wireless communication device for electronic
134	134	messaging while operating a motor vehicle in this state.
135	135	(g) A peace officer who stops a motor vehicle for an alleged
136	136	violation of this section may not take possession of or otherwise
137	137	inspect a portable wireless communication device in the possession
138	138	of the operator unless authorized by the Code of Criminal
139	139	Procedure, the Penal Code, or other law.
140	140	SECTION 6. Section 708.052, Transportation Code, is amended
141	141	by adding Subsection (e-1) to read as follows:
142	142	(e-1) Notwithstanding Subsection (b), the department may
143	143	not assign points to a person's license if the offense of which the
144	144	person was convicted is the offense of using a portable wireless
145	145	communication device for electronic messaging as described by
146	146	Section 545.4251.
147	147	SECTION 7. The changes in law made by this Act to Chapter
148	148	545, Transportation Code, apply only to an offense committed on or
149	149	after the effective date of this Act. An offense committed before
150	150	the effective date of this Act is governed by the law in effect on
151	151	the date the offense was committed, and the former law is continued
152	152	in effect for that purpose. For purposes of this section, an
153	153	offense was committed before the effective date of this Act if any
154	154	element of the offense occurred before that date.
155	155	SECTION 8. This Act takes effect September 1, 2017.