1 | 1 | | 85R2296 JXC-D |
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2 | 2 | | By: Davis of Harris H.B. No. 512 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the placement of warning signs in areas where the use of |
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8 | 8 | | a wireless communication device is prohibited. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 545.425(b-1), (b-2), (b-4), and (d-1), |
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11 | 11 | | Transportation Code, are amended to read as follows: |
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12 | 12 | | (b-1) Except as provided by Subsection (b-2), a local |
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13 | 13 | | authority [a municipality, county, or other political subdivision] |
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14 | 14 | | that enforces this section in a school crossing zone in the local |
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15 | 15 | | authority's jurisdiction shall post a sign that complies with the |
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16 | 16 | | standards described by this subsection at each [the] entrance to |
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17 | 17 | | the [each] school crossing zone [in the municipality, county, or |
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18 | 18 | | other political subdivision]. The Texas Department of |
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19 | 19 | | Transportation [department] shall adopt standards that: |
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20 | 20 | | (1) allow for a sign required to be posted under this |
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21 | 21 | | subsection to be attached to an existing sign at a minimal cost; and |
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22 | 22 | | (2) require that a sign required to be posted under |
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23 | 23 | | this subsection inform an operator that: |
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24 | 24 | | (A) the use of a wireless communication device is |
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25 | 25 | | prohibited in the school crossing zone; and |
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26 | 26 | | (B) the operator is subject to a fine if the |
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27 | 27 | | operator uses a wireless communication device in the school |
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28 | 28 | | crossing zone. |
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29 | 29 | | (b-2) A local authority [municipality, county, or other |
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30 | 30 | | political subdivision] that by ordinance or rule prohibits the use |
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31 | 31 | | of a wireless communication device while operating a motor vehicle |
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32 | 32 | | throughout the jurisdiction of the local authority [political |
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33 | 33 | | subdivision] is not required to post a sign as required by |
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34 | 34 | | Subsection (b-1) if the local authority [political subdivision]: |
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35 | 35 | | (1) posts signs that are located at each point at which |
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36 | 36 | | a state highway, U.S. highway, or interstate highway enters the |
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37 | 37 | | jurisdiction of the local authority [political subdivision] and |
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38 | 38 | | that state: |
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39 | 39 | | (A) that an operator is prohibited from using a |
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40 | 40 | | wireless communication device while operating a motor vehicle in |
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41 | 41 | | the jurisdiction of the local authority [political subdivision]; |
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42 | 42 | | and |
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43 | 43 | | (B) that the operator is subject to a fine if the |
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44 | 44 | | operator uses a wireless communication device while operating a |
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45 | 45 | | motor vehicle in the jurisdiction of the local authority [political |
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46 | 46 | | subdivision]; and |
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47 | 47 | | (2) subject to all applicable United States Department |
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48 | 48 | | of Transportation Federal Highway Administration rules, posts a |
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49 | 49 | | message that complies with Subdivision (1) on any dynamic message |
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50 | 50 | | sign operated by the local authority [political subdivision] |
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51 | 51 | | located on a state highway, U.S. highway, or interstate highway in |
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52 | 52 | | the jurisdiction of the local authority [political subdivision]. |
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53 | 53 | | (b-4) The local authority [political subdivision] shall pay |
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54 | 54 | | the costs associated with the posting of signs under Subsection |
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55 | 55 | | (b-2). |
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56 | 56 | | (d-1) The affirmative defense available in Subsection |
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57 | 57 | | (d)(2) is not available for an offense under Subsection (b) |
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58 | 58 | | committed in a school crossing zone located in the jurisdiction of a |
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59 | 59 | | local authority [a municipality, county, or other political |
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60 | 60 | | subdivision] that is in compliance with Subsection (b-2). |
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61 | 61 | | SECTION 2. This Act takes effect September 1, 2017. |
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