Texas 2017 - 85th Regular

Texas House Bill HB1748 Compare Versions

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

Old	New	Differences
1	1	85R5176 JXC-D
2	2	By: VanDeaver H.B. No. 1748
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of a portable electronic device while operating
8	8	a motor vehicle; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 545.424(c), Transportation Code, is
11	11	amended to read as follows:
12	12	(c) This section does not apply to[:
13	13	[(1)] a person operating a motor vehicle while
14	14	accompanied in the manner required by Section 521.222(d)(2) for the
15	15	holder of an instruction permit[; or
16	16	[(2) a person licensed by the Federal Communications
17	17	Commission to operate a wireless communication device or a radio
18	18	frequency device].
19	19	SECTION 2. Section 545.425, Transportation Code, is amended
20	20	to read as follows:
21	21	Sec. 545.425. USE OF PORTABLE ELECTRONIC [WIRELESS
22	22	COMMUNICATION] DEVICE [IN A SCHOOL CROSSING ZONE OR] WHILE
23	23	OPERATING A MOTOR VEHICLE [SCHOOL BUS WITH A MINOR PASSENGER];
24	24	OFFENSE. (a) In this section:
25	25	(1) "Hands-free device" means speakerphone capability
26	26	or a telephone attachment or other piece of equipment, regardless
27	27	of whether permanently installed in the motor vehicle, that allows
28	28	use of the wireless communication device without use of either of
29	29	the operator's hands.
30	30	(2) "Portable electronic device" means a hand-held
31	31	mobile telephone, personal digital assistant, MP3 player or other
32	32	hand-held music player, electronic reading device, laptop
33	33	computer, pager, broadband personal communication device, global
34	34	positioning or navigation system, electronic game device, or
35	35	computing device. ["Wireless communication device" means a device
36	36	that uses a commercial mobile service, as defined by 47 U.S.C.
37	37	Section 332.]
38	38	(b) An [Except as provided by Subsection (c), an] operator
39	39	may not use a portable electronic [wireless communication] device
40	40	while holding or touching the device and operating a moving motor
41	41	vehicle. This subsection applies to any use of a portable
42	42	electronic device, including:
43	43	(1) dialing or deactivating a telephone call;
44	44	(2) speaking in or listening to a conversation;
45	45	(3) viewing, taking, or transmitting electronic
46	46	images;
47	47	(4) composing, sending, viewing, accessing, browsing,
48	48	retrieving, or saving e-mail messages, text messages, or other
49	49	electronic data;
50	50	(5) entering or changing information in a global
51	51	positioning or navigation system or any software or application
52	52	designed for navigation;
53	53	(6) accessing or viewing an Internet website or
54	54	computer application; or
55	55	(7) playing a game [within a school crossing zone, as
56	56	defined by Section 541.302, Transportation Code, unless:
57	57	[(1) the vehicle is stopped; or
58	58	[(2) the wireless communication device is used with a
59	59	hands-free device].
60	60	[(b-1) Except as provided by Subsection (b-2), a
61	61	municipality, county, or other political subdivision that enforces
62	62	this section shall post a sign that complies with the standards
63	63	described by this subsection at the entrance to each school
64	64	crossing zone in the municipality, county, or other political
65	65	subdivision. The department shall adopt standards that:
66	66	[(1) allow for a sign required to be posted under this
67	67	subsection to be attached to an existing sign at a minimal cost; and
68	68	[(2) require that a sign required to be posted under
69	69	this subsection inform an operator that:
70	70	[(A) the use of a wireless communication device
71	71	is prohibited in the school crossing zone; and
72	72	[(B) the operator is subject to a fine if the
73	73	operator uses a wireless communication device in the school
74	74	crossing zone.
75	75	[(b-2) A municipality, county, or other political
76	76	subdivision that by ordinance or rule prohibits the use of a
77	77	wireless communication device while operating a motor vehicle
78	78	throughout the jurisdiction of the political subdivision is not
79	79	required to post a sign as required by Subsection (b-1) if the
80	80	political subdivision:
81	81	[(1) posts signs that are located at each point at
82	82	which a state highway, U.S. highway, or interstate highway enters
83	83	the political subdivision and that state:
84	84	[(A) that an operator is prohibited from using a
85	85	wireless communication device while operating a motor vehicle in
86	86	the political subdivision; and
87	87	[(B) that the operator is subject to a fine if the
88	88	operator uses a wireless communication device while operating a
89	89	motor vehicle in the political subdivision; and
90	90	[(2) subject to all applicable United States
91	91	Department of Transportation Federal Highway Administration rules,
92	92	posts a message that complies with Subdivision (1) on any dynamic
93	93	message sign operated by the political subdivision located on a
94	94	state highway, U.S. highway, or interstate highway in the political
95	95	subdivision.
96	96	[(b-3) A sign posted under Subsection (b-2)(1) must be
97	97	readable to an operator traveling at the applicable speed limit.
98	98	[(b-4) The political subdivision shall pay the costs
99	99	associated with the posting of signs under Subsection (b-2).
100	100	[(c) An operator may not use a wireless communication device
101	101	while operating a passenger bus with a minor passenger on the bus
102	102	unless the passenger bus is stopped.]
103	103	(d) It is an affirmative defense to prosecution of an
104	104	offense under this section that[:
105	105	[(1)] the portable electronic [wireless
106	106	communication] device was used:
107	107	(1) for global positioning or navigation and the
108	108	device was affixed to the motor vehicle;
109	109	(2) with a hands-free device to engage in telephone
110	110	communication or to listen to audio transmissions;
111	111	(3) to make an emergency report of a crime, traffic
112	112	accident, serious traffic hazard, or medical emergency;
113	113	(4) in the reasonable belief that a person's life or
114	114	safety was in immediate danger; or
115	115	(5) to prevent a crime about to be committed [call to:
116	116	[(A) an emergency response service, including a
117	117	rescue, emergency medical, or hazardous material response service;
118	118	[(B) a hospital;
119	119	[(C) a fire department;
120	120	[(D) a health clinic;
121	121	[(E) a medical doctor's office;
122	122	[(F) an individual to administer first aid
123	123	treatment; or
124	124	[(G) a police department; or
125	125	[(2) a sign required by Subsection (b-1) was not
126	126	posted at the entrance to the school crossing zone at the time of an
127	127	offense committed in the school crossing zone].
128	128	(d-1) The affirmative defense available in Subsection
129	129	(d)(2) is not available for an offense under Subsection (b)
130	130	committed by a person under 18 years of age or by a person operating
131	131	a school bus with a minor passenger on the bus [in a school crossing
132	132	zone located in a municipality, county, or other political
133	133	subdivision that is in compliance with Subsection (b-2)].
134	134	(e) This section does not apply to:
135	135	(1) an operator of an authorized emergency vehicle
136	136	using a portable electronic [a wireless communication] device while
137	137	acting in an official capacity; [or]
138	138	(2) an operator who is licensed by the Federal
139	139	Communications Commission while operating a radio frequency device
140	140	other than a portable electronic [a wireless communication] device;
141	141	or
142	142	(3) an operator using two-way radio communication in a
143	143	commercial motor vehicle.
144	144	(f) This [Except as provided by Subsection (b-2), this]
145	145	section does not preempt [preempts all] local ordinances, rules, or
146	146	regulations that are consistent [inconsistent] with or more
147	147	stringent than the [specific] provisions of this section adopted by
148	148	a local authority [political subdivision of this state] relating to
149	149	the use of a portable electronic [a wireless communication] device
150	150	by the operator of a motor vehicle.
151	151	SECTION 3. Sections 545.424(a), (b), and (f) and 545.4252,
152	152	Transportation Code, are repealed.
153	153	SECTION 4. The changes in law made by this Act to Chapter
154	154	545, Transportation Code, apply only to an offense committed on or
155	155	after the effective date of this Act. An offense committed before
156	156	the effective date of this Act is governed by the law in effect on
157	157	the date the offense was committed, and the former law is continued
158	158	in effect for that purpose. For purposes of this section, an
159	159	offense was committed before the effective date of this Act if any
160	160	element of the offense occurred before that date.
161	161	SECTION 5. This Act takes effect September 1, 2017.