Texas 2017 - 85th Regular

Texas House Bill HB512 Compare Versions

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11 85R2296 JXC-D
22 By: Davis of Harris H.B. No. 512
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the placement of warning signs in areas where the use of
88 a wireless communication device is prohibited.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Sections 545.425(b-1), (b-2), (b-4), and (d-1),
1111 Transportation Code, are amended to read as follows:
1212 (b-1) Except as provided by Subsection (b-2), a local
1313 authority [a municipality, county, or other political subdivision]
1414 that enforces this section in a school crossing zone in the local
1515 authority's jurisdiction shall post a sign that complies with the
1616 standards described by this subsection at each [the] entrance to
1717 the [each] school crossing zone [in the municipality, county, or
1818 other political subdivision]. The Texas Department of
1919 Transportation [department] shall adopt standards that:
2020 (1) allow for a sign required to be posted under this
2121 subsection to be attached to an existing sign at a minimal cost; and
2222 (2) require that a sign required to be posted under
2323 this subsection inform an operator that:
2424 (A) the use of a wireless communication device is
2525 prohibited in the school crossing zone; and
2626 (B) the operator is subject to a fine if the
2727 operator uses a wireless communication device in the school
2828 crossing zone.
2929 (b-2) A local authority [municipality, county, or other
3030 political subdivision] that by ordinance or rule prohibits the use
3131 of a wireless communication device while operating a motor vehicle
3232 throughout the jurisdiction of the local authority [political
3333 subdivision] is not required to post a sign as required by
3434 Subsection (b-1) if the local authority [political subdivision]:
3535 (1) posts signs that are located at each point at which
3636 a state highway, U.S. highway, or interstate highway enters the
3737 jurisdiction of the local authority [political subdivision] and
3838 that state:
3939 (A) that an operator is prohibited from using a
4040 wireless communication device while operating a motor vehicle in
4141 the jurisdiction of the local authority [political subdivision];
4242 and
4343 (B) that the operator is subject to a fine if the
4444 operator uses a wireless communication device while operating a
4545 motor vehicle in the jurisdiction of the local authority [political
4646 subdivision]; and
4747 (2) subject to all applicable United States Department
4848 of Transportation Federal Highway Administration rules, posts a
4949 message that complies with Subdivision (1) on any dynamic message
5050 sign operated by the local authority [political subdivision]
5151 located on a state highway, U.S. highway, or interstate highway in
5252 the jurisdiction of the local authority [political subdivision].
5353 (b-4) The local authority [political subdivision] shall pay
5454 the costs associated with the posting of signs under Subsection
5555 (b-2).
5656 (d-1) The affirmative defense available in Subsection
5757 (d)(2) is not available for an offense under Subsection (b)
5858 committed in a school crossing zone located in the jurisdiction of a
5959 local authority [a municipality, county, or other political
6060 subdivision] that is in compliance with Subsection (b-2).
6161 SECTION 2. This Act takes effect September 1, 2017.