Texas 2017 - 85th Regular

Texas House Bill HB520 Compare Versions

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

Old	New	Differences
1	1	85R3329 JXC-D
2	2	By: Turner H.B. No. 520
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 an offense and providing
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 545, Transportation Code, is amended by
12	12	adding Subchapter H-1 to read as follows:
13	13	SUBCHAPTER H-1. USE OF WIRELESS COMMUNICATION DEVICE
14	14	Sec. 545.381. DEFINITIONS. In this subchapter:
15	15	(1) "Hands-free device" means speakerphone capability
16	16	or a telephone attachment or other piece of equipment, regardless
17	17	of whether permanently installed in the motor vehicle, that allows
18	18	use of a wireless communication device without use of either of the
19	19	operator's hands.
20	20	(2) "Text-based communication" includes:
21	21	(A) a text message;
22	22	(B) an instant message;
23	23	(C) an e-mail; or
24	24	(D) another type of written electronic message.
25	25	(3) "Wireless communication device" means a device
26	26	that uses a commercial mobile service, as defined by 47 U.S.C.
27	27	Section 332.
28	28	Sec. 545.382. APPLICABILITY. This subchapter does not
29	29	apply to:
30	30	(1) an operator of an authorized emergency vehicle
31	31	using a wireless communication device while acting in an official
32	32	capacity; or
33	33	(2) an operator who is licensed by the Federal
34	34	Communications Commission while operating a radio frequency device
35	35	other than a wireless communication device.
36	36	Sec. 545.383. PREEMPTION. This subchapter does not preempt
37	37	a local ordinance, rule, or regulation adopted by a local authority
38	38	relating to the use of a wireless communication device by the
39	39	operator of a motor vehicle that is consistent with or more
40	40	stringent than the provisions of this subchapter.
41	41	Sec. 545.384. USE OF WIRELESS COMMUNICATION DEVICE TO SEND
42	42	TEXT-BASED COMMUNICATION WHILE OPERATING MOTOR VEHICLE WHEN MINOR
43	43	PRESENT; OFFENSE. (a) An operator commits an offense if the
44	44	operator uses at least one hand to read, write, or send a text-based
45	45	communication with a wireless communication device while operating
46	46	a motor vehicle, other than a passenger bus, when a person under 18
47	47	years of age is in the vehicle unless the vehicle is stopped.
48	48	(b) An offense under this section is a misdemeanor
49	49	punishable by a fine of not more than $100, unless it is shown on the
50	50	trial of the offense that the defendant has been previously
51	51	convicted at least one time of an offense under this section, in
52	52	which event the offense is punishable by a fine of not more than
53	53	$200.
54	54	(c) The Texas Department of Transportation shall post a sign
55	55	at each point at which an interstate highway or U.S. highway enters
56	56	this state that informs an operator that:
57	57	(1) the use of a wireless communication device to
58	58	read, write, or send a text-based communication while operating a
59	59	motor vehicle when a person under 18 years of age is in the vehicle
60	60	is prohibited in this state; and
61	61	(2) the operator is subject to a fine if the operator
62	62	violates the prohibition.
63	63	(d) It is a defense to prosecution under this section that
64	64	the operator used a wireless communication device:
65	65	(1) in conjunction with a hands-free device;
66	66	(2) to navigate using a global positioning system or
67	67	navigation service;
68	68	(3) to report illegal activity or summon emergency
69	69	help;
70	70	(4) to read a text-based communication that the person
71	71	reasonably believes concerns an emergency; or
72	72	(5) to relay information between the operator and a
73	73	dispatcher in the course of the operator's occupational duties, if
74	74	the device was affixed to the vehicle.
75	75	Sec. 545.385. USE OF WIRELESS COMMUNICATION DEVICE WHILE
76	76	OPERATING PASSENGER BUS WITH A MINOR PASSENGER; OFFENSE. (a) An
77	77	operator commits an offense if the operator uses a wireless
78	78	communication device while operating a passenger bus with a
79	79	passenger who is under 18 years of age on the bus unless the bus is
80	80	stopped.
81	81	(b) It is an affirmative defense to prosecution of an
82	82	offense under this section that the wireless communication device
83	83	was used to make an emergency call to:
84	84	(1) an emergency response service, including a rescue,
85	85	emergency medical, or hazardous material response service;
86	86	(2) a hospital;
87	87	(3) a fire department;
88	88	(4) a health clinic;
89	89	(5) a medical doctor's office;
90	90	(6) an individual to administer first aid treatment;
91	91	or
92	92	(7) a police department.
93	93	Sec. 545.386. USE OF WIRELESS COMMUNICATION DEVICE WHILE
94	94	OPERATING MOTOR VEHICLE ON SCHOOL PROPERTY OR IN SCHOOL CROSSING
95	95	ZONE; OFFENSE. (a) An operator commits an offense if the operator
96	96	uses a wireless communication device while operating a motor
97	97	vehicle on the property of a public elementary, middle, junior
98	98	high, or high school for which a local authority has designated a
99	99	school crossing zone, during the time a reduced speed limit is in
100	100	effect for the school crossing zone, unless:
101	101	(1) the vehicle is stopped; or
102	102	(2) the operator uses the device with a hands-free
103	103	device.
104	104	(b) An operator commits an offense if the operator uses a
105	105	wireless communication device while operating a motor vehicle in a
106	106	school crossing zone unless:
107	107	(1) the vehicle is stopped; or
108	108	(2) the operator uses the wireless communication
109	109	device with a hands-free device.
110	110	(c) It is an affirmative defense to prosecution of an
111	111	offense:
112	112	(1) under this section that the wireless communication
113	113	device was used to make an emergency call to:
114	114	(A) an emergency response service, including a
115	115	rescue, emergency medical, or hazardous material response service;
116	116	(B) a hospital;
117	117	(C) a fire department;
118	118	(D) a health clinic;
119	119	(E) a medical doctor's office;
120	120	(F) an individual to administer first aid
121	121	treatment; or
122	122	(G) a police department; or
123	123	(2) under Subsection (b) that:
124	124	(A) the offense was committed in a school
125	125	crossing zone located in the jurisdiction of a local authority
126	126	other than a local authority that is in compliance with Subsection
127	127	(e); and
128	128	(B) a sign required by Subsection (d) was not
129	129	posted at the time of the offense.
130	130	(d) Except as provided by Subsection (e), a local authority
131	131	that enforces Subsection (b) shall post a warning sign at each
132	132	entrance to a school crossing zone in the jurisdiction of the local
133	133	authority. The local authority shall pay the costs associated with
134	134	posting the signs. The department shall adopt standards that:
135	135	(1) allow for the signs to be attached to existing
136	136	signs at a minimal cost; and
137	137	(2) require that the signs inform an operator that:
138	138	(A) the use of a wireless communication device is
139	139	prohibited in the school crossing zone; and
140	140	(B) the operator is subject to a fine if the
141	141	operator uses a wireless communication device in the school
142	142	crossing zone.
143	143	(e) A local authority that by ordinance or rule prohibits
144	144	the use of a wireless communication device while operating a motor
145	145	vehicle throughout the jurisdiction of the local authority is not
146	146	required to post a warning sign required by Subsection (d) if the
147	147	local authority:
148	148	(1) posts warning signs that are readable to an
149	149	operator traveling at the applicable speed limit at each point at
150	150	which a state highway, U.S. highway, or interstate highway enters
151	151	the jurisdiction of the local authority and that state:
152	152	(A) that an operator is prohibited from using a
153	153	wireless communication device while operating a motor vehicle in
154	154	the jurisdiction of the local authority; and
155	155	(B) that the operator is subject to a fine if the
156	156	operator uses a wireless communication device while operating a
157	157	motor vehicle in the jurisdiction of the local authority; and
158	158	(2) subject to applicable United States Department of
159	159	Transportation Federal Highway Administration rules, posts a
160	160	message that complies with Subdivision (1) on any dynamic message
161	161	sign operated by the local authority located on a state highway,
162	162	U.S. highway, or interstate highway.
163	163	Sec. 545.387. USE OF WIRELESS COMMUNICATION DEVICE BY
164	164	PERSON UNDER 18 YEARS OF AGE WHILE OPERATING A MOTOR VEHICLE;
165	165	OFFENSE. (a) A person under 18 years of age commits an offense if
166	166	the person operates a motor vehicle while using a wireless
167	167	communication device, except in case of emergency.
168	168	(b) A person under 17 years of age who holds a restricted
169	169	motorcycle license or moped license commits an offense if the
170	170	person operates a motorcycle or moped while using a wireless
171	171	communication device, except in case of emergency.
172	172	(c) A peace officer may not stop a vehicle or detain the
173	173	operator of a vehicle for the sole purpose of determining whether
174	174	the operator of the vehicle has violated this section.
175	175	(d) This section does not apply to a person operating a
176	176	motor vehicle while accompanied in the manner required by Section
177	177	521.222(d)(2) for the holder of an instruction permit.
178	178	SECTION 2. Sections 545.424(a), (b), and (f), 545.425, and
179	179	545.4252, Transportation Code, are repealed.
180	180	SECTION 3. The change in law made by this Act applies only
181	181	to an offense committed on or after the effective date of this Act.
182	182	An offense committed before the effective date of this Act is
183	183	governed by the law in effect on the date the offense was committed,
184	184	and the former law is continued in effect for that purpose. For
185	185	purposes of this section, an offense was committed before the
186	186	effective date of this Act if any element of the offense occurred
187	187	before that date.
188	188	SECTION 4. This Act takes effect September 1, 2017.