| 1 | 1 | | By: Swanson H.B. No. 4215 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to distracted driving collisions; creating an offense. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter B, Chapter 542, Transportation Code, |
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| 9 | 9 | | is amended by adding Section 542.2034 to read as follows: |
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| 10 | 10 | | Sec. 542.2034. LIMITATION ON LOCAL AUTHORITIES' REGULATION |
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| 11 | 11 | | OF DISTRACTED DRIVING. (a) In this section, "wireless |
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| 12 | 12 | | communication device" has the meaning assigned by Section 545.425. |
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| 13 | 13 | | (b) Except as provided by Subsection (c), a local authority |
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| 14 | 14 | | may not regulate or prohibit distracted driving, including the use |
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| 15 | 15 | | of a wireless communication device while operating a motor vehicle. |
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| 16 | 16 | | (c) A local authority may enforce the laws of this state |
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| 17 | 17 | | relating to distracted driving, including Sections 545.424, |
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| 18 | 18 | | 545.425, 545.4252, and 545.4253. |
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| 19 | 19 | | SECTION 2. Section 545.425(b-1), Transportation Code, is |
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| 20 | 20 | | amended to read as follows: |
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| 21 | 21 | | (b-1) A [Except as provided by Subsection (b 2), a] |
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| 22 | 22 | | municipality, county, or other local authority [political |
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| 23 | 23 | | subdivision] that enforces this section shall post a sign that |
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| 24 | 24 | | complies with the standards described by this subsection at the |
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| 25 | 25 | | entrance to each school crossing zone in the municipality, county, |
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| 26 | 26 | | or other local authority [political subdivision]. The department |
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| 27 | 27 | | shall adopt standards that: |
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| 28 | 28 | | (1) allow for a sign required to be posted under this |
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| 29 | 29 | | subsection to be attached to an existing sign at a minimal cost; and |
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| 30 | 30 | | (2) require that a sign required to be posted under |
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| 31 | 31 | | this subsection inform an operator that: |
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| 32 | 32 | | (A) the use of a wireless communication device is |
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| 33 | 33 | | prohibited in the school crossing zone; and |
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| 34 | 34 | | (B) the operator is subject to a fine if the |
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| 35 | 35 | | operator uses a wireless communication device in the school |
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| 36 | 36 | | crossing zone. |
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| 37 | 37 | | SECTION 3. Subchapter I, Chapter 545, Transportation Code, |
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| 38 | 38 | | is amended by adding Section 545.4253 to read as follows: |
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| 39 | 39 | | Sec. 545.4253. DISTRACTED DRIVING COLLISIONS. (a) A |
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| 40 | 40 | | person causing, or involved in, a collision from the operation of a |
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| 41 | 41 | | moving motor vehicle commits an offense if the person was engaged in |
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| 42 | 42 | | an activity that: |
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| 43 | 43 | | (1) is not related to the operation of the motor |
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| 44 | 44 | | vehicle; and |
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| 45 | 45 | | (2) interferes with the driver's ability to pay |
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| 46 | 46 | | attention to the road. |
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| 47 | 47 | | (b) An offense under this section is: |
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| 48 | 48 | | (1) a Class C misdemeanor; or |
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| 49 | 49 | | (2) a state jail felony if it is shown on the trial of |
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| 50 | 50 | | the offense that as a result of the offense, an individual suffered |
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| 51 | 51 | | serious bodily injury or death. |
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| 52 | 52 | | SECTION 4. Sections 545.425(b-2), (b-3), (b-4), (d-1), and |
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| 53 | 53 | | (f) and 545.4252(e), Transportation Code, are repealed. |
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| 54 | 54 | | SECTION 5. The change in law made by this Act applies only |
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| 55 | 55 | | to an offense committed on or after the effective date of this Act. |
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| 56 | 56 | | An offense committed before the effective date of this Act is |
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| 57 | 57 | | governed by the law in effect on the date the offense was committed, |
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| 58 | 58 | | and the former law is continued in effect for that purpose. For |
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| 59 | 59 | | purposes of this section, an offense was committed before the |
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| 60 | 60 | | effective date of this Act if any element of the offense occurred |
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| 61 | 61 | | before that date. |
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| 62 | 62 | | SECTION 6. This Act takes effect September 1, 2017. |
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