85R3511 JXC-F
By: Craddick, Cook, Lucio III, H.B. No. 62
Davis of Dallas, Wu, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the use of a wireless communication device while
operating a motor vehicle; creating a criminal offense; modifying
existing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Alex Brown Memorial
Act.
SECTION 2. Sections 521.161(b) and (c), Transportation
Code, are amended to read as follows:
(b) The examination must include:
(1) a test of the applicant's:
(A) vision;
(B) ability to identify and understand highway
signs in English that regulate, warn, or direct traffic;
(C) knowledge of the traffic laws of this state;
[and]
(D) knowledge of motorists' rights and
responsibilities in relation to bicyclists; and
(E) knowledge of the effect of using a wireless
communication device, or engaging in other actions that may
distract a driver, on the safe or effective operation of a motor
vehicle;
(2) a demonstration of the applicant's ability to
exercise ordinary and reasonable control in the operation of a
motor vehicle of the type that the applicant will be licensed to
operate; and
(3) any additional examination the department finds
necessary to determine the applicant's fitness to operate a motor
vehicle safely.
(c) The department shall give each applicant the option of
taking the parts of the examination under Subsections (b)(1)(B),
(C), [and] (D), and (E) in writing in addition to or instead of
through a mechanical, electronic, or other testing method. If the
applicant takes that part of the examination in writing in addition
to another testing method, the applicant is considered to have
passed that part of the examination if the applicant passes either
version of the examination. The department shall inform each
person taking the examination of the person's rights under this
subsection.
SECTION 3. Section 545.424, Transportation Code, is amended
by amending Subsections (a), (b), and (c) and adding Subsection (g)
to read as follows:
(a) A person under 18 years of age may not operate a motor
vehicle while using a wireless communication [communications]
device, except in case of emergency. This subsection does not apply
to a person licensed by the Federal Communications Commission while
operating a radio frequency device other than a wireless
communication device.
(b) A person under 17 years of age who holds a restricted
motorcycle license or moped license may not operate a motorcycle or
moped while using a wireless communication [communications]
device, except in case of emergency. This subsection does not apply
to a person licensed by the Federal Communications Commission while
operating a radio frequency device other than a wireless
communication device.
(c) Subsection (a-1) [This section] does not apply to[:
[(1)] a person operating a motor vehicle while
accompanied in the manner required by Section 521.222(d)(2) for the
holder of an instruction permit[; or
[(2) a person licensed by the Federal Communications
Commission to operate a wireless communication device or a radio
frequency device].
(g) An offense under Subsection (a) or (b) is a misdemeanor
punishable by a fine of at least $25 and not more than $99 unless it
is shown on the trial of the offense that the defendant has been
previously convicted at least one time of an offense under either
subsection, in which event the offense is punishable by a fine of at
least $100 and not more than $200.
SECTION 4. Section 545.425(a)(1), Transportation Code, is
amended to read as follows:
(1) "Hands-free device" means speakerphone
capability, [or] a telephone attachment, or another function or
other piece of equipment, regardless of whether permanently
installed in or on a wireless communication device or in a [the]
motor vehicle, that allows use of the wireless communication device
without use of either of the operator's hands, except to activate or
deactivate a function of the wireless communication device or
hands-free device. The term includes voice-operated technology and
a push-to-talk function.
SECTION 5. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.4251 to read as follows:
Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
DEVICE FOR ELECTRONIC MESSAGING; OFFENSE. (a) In this section:
(1) "Electronic message" means data that is read from
or entered into a wireless communication device for the purpose of
communicating with another person.
(2) "Wireless communication device" has the meaning
assigned by Section 545.425.
(b) An operator commits an offense if the operator uses a
portable wireless communication device to read, write, or send an
electronic message while operating a motor vehicle unless the
vehicle is stopped.
(c) It is an affirmative defense to prosecution of an
offense under this section that the operator used a portable
wireless communication device:
(1) in conjunction with a hands-free device, as
defined by Section 545.425;
(2) to report illegal activity or summon emergency
help;
(3) to read an electronic message that the person
reasonably believed concerned an emergency; or
(4) that was permanently or temporarily affixed to the
vehicle to relay information in the course of the operator's
occupational duties between the operator and:
(A) a dispatcher; or
(B) a digital network or software application
service.
(d) Subsection (b) does not apply to:
(1) an operator of an authorized emergency or law
enforcement vehicle using a portable wireless communication device
while acting in an official capacity; or
(2) an operator who is licensed by the Federal
Communications Commission while operating a radio frequency device
other than a portable wireless communication device.
(e) An offense under this section is a misdemeanor
punishable by a fine of at least $25 and not more than $99 unless it
is shown on the trial of the offense that the defendant has been
previously convicted at least one time of an offense under this
section, in which event the offense is punishable by a fine of at
least $100 and not more than $200.
(f) The Texas Department of Transportation shall post a sign
at each point at which an interstate highway or United States
highway enters this state that informs an operator that:
(1) the use of a portable wireless communication
device for electronic messaging while operating a motor vehicle is
prohibited in this state; and
(2) the operator is subject to a fine if the operator
uses a portable wireless communication device for electronic
messaging while operating a motor vehicle in this state.
(g) A peace officer who stops a motor vehicle for an alleged
violation of this section may not take possession of or otherwise
inspect a portable wireless communication device in the possession
of the operator unless authorized by the Code of Criminal
Procedure, the Penal Code, or other law.
SECTION 6. Section 708.052, Transportation Code, is amended
by adding Subsection (e-1) to read as follows:
(e-1) Notwithstanding Subsection (b), the department may
not assign points to a person's license if the offense of which the
person was convicted is the offense of using a portable wireless
communication device for electronic messaging as described by
Section 545.4251.
SECTION 7. The changes in law made by this Act to Chapter
545, Transportation Code, apply only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 8. This Act takes effect September 1, 2017.