Texas 2017 - 85th Regular

Texas Senate Bill SB31 Compare Versions

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1	1	By: Zaffirini, Perry S.B. No. 31
2	2	(In the Senate - Filed November 14, 2016; January 24, 2017,
3	3	read first time and referred to Committee on State Affairs;
4	4	March 14, 2017, reported favorably by the following vote: Yeas 6,
5	5	Nays 3; March 14, 2017, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the use of a wireless communication device while
12	12	operating a motor vehicle; creating a criminal offense; modifying
13	13	existing criminal penalties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. This Act may be cited as the Alex Brown Memorial
16	16	Act.
17	17	SECTION 2. Sections 521.161(b) and (c), Transportation
18	18	Code, are amended to read as follows:
19	19	(b) The examination must include:
20	20	(1) a test of the applicant's:
21	21	(A) vision;
22	22	(B) ability to identify and understand highway
23	23	signs in English that regulate, warn, or direct traffic;
24	24	(C) knowledge of the traffic laws of this state;
25	25	[and]
26	26	(D) knowledge of motorists' rights and
27	27	responsibilities in relation to bicyclists; and
28	28	(E) knowledge of the effect of using a wireless
29	29	communication device, or engaging in other actions that may
30	30	distract a driver, on the safe or effective operation of a motor
31	31	vehicle;
32	32	(2) a demonstration of the applicant's ability to
33	33	exercise ordinary and reasonable control in the operation of a
34	34	motor vehicle of the type that the applicant will be licensed to
35	35	operate; and
36	36	(3) any additional examination the department finds
37	37	necessary to determine the applicant's fitness to operate a motor
38	38	vehicle safely.
39	39	(c) The department shall give each applicant the option of
40	40	taking the parts of the examination under Subsections (b)(1)(B),
41	41	(C), [and] (D), and (E) in writing in addition to or instead of
42	42	through a mechanical, electronic, or other testing method. If the
43	43	applicant takes that part of the examination in writing in addition
44	44	to another testing method, the applicant is considered to have
45	45	passed that part of the examination if the applicant passes either
46	46	version of the examination. The department shall inform each
47	47	person taking the examination of the person's rights under this
48	48	subsection.
49	49	SECTION 3. Section 545.424, Transportation Code, is amended
50	50	by amending Subsections (a), (b), and (c) and adding Subsection (g)
51	51	to read as follows:
52	52	(a) A person under 18 years of age may not operate a motor
53	53	vehicle while using a wireless communication [communications]
54	54	device, except in case of emergency. This subsection does not apply
55	55	to a person licensed by the Federal Communications Commission while
56	56	operating a radio frequency device other than a wireless
57	57	communication device.
58	58	(b) A person under 17 years of age who holds a restricted
59	59	motorcycle license or moped license may not operate a motorcycle or
60	60	moped while using a wireless communication [communications]
61	61	device, except in case of emergency. This subsection does not apply
62	62	to a person licensed by the Federal Communications Commission while
63	63	operating a radio frequency device other than a wireless
64	64	communication device.
65	65	(c) Subsection (a-1) [This section] does not apply to[:
66	66	[(1)] a person operating a motor vehicle while
67	67	accompanied in the manner required by Section 521.222(d)(2) for the
68	68	holder of an instruction permit[; or
69	69	[(2) a person licensed by the Federal Communications
70	70	Commission to operate a wireless communication device or a radio
71	71	frequency device].
72	72	(g) An offense under Subsection (a) or (b) is a misdemeanor
73	73	punishable by a fine of at least $25 and not more than $99 unless it
74	74	is shown on the trial of the offense that the defendant has been
75	75	previously convicted at least one time of an offense under either
76	76	subsection, in which event the offense is punishable by a fine of at
77	77	least $100 and not more than $200.
78	78	SECTION 4. Section 545.425(a)(1), Transportation Code, is
79	79	amended to read as follows:
80	80	(1) "Hands-free device" means speakerphone
81	81	capability, [or] a telephone attachment, or another function or
82	82	other piece of equipment, regardless of whether permanently
83	83	installed in or on a wireless communication device or in a [the]
84	84	motor vehicle, that allows use of the wireless communication device
85	85	without use of either of the operator's hands, except to activate or
86	86	deactivate a function of the wireless communication device or
87	87	hands-free device. The term includes voice-operated technology and
88	88	a push-to-talk function.
89	89	SECTION 5. Subchapter I, Chapter 545, Transportation Code,
90	90	is amended by adding Section 545.4251 to read as follows:
91	91	Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
92	92	DEVICE FOR ELECTRONIC MESSAGING; OFFENSE. (a) In this section:
93	93	(1) "Electronic message" means data that is read from
94	94	or entered into a wireless communication device for the purpose of
95	95	communicating with another person.
96	96	(2) "Wireless communication device" has the meaning
97	97	assigned by Section 545.425.
98	98	(b) An operator commits an offense if the operator uses a
99	99	portable wireless communication device to read, write, or send an
100	100	electronic message while operating a motor vehicle unless the
101	101	vehicle is stopped.
102	102	(c) It is an affirmative defense to prosecution of an
103	103	offense under this section that the operator used a portable
104	104	wireless communication device:
105	105	(1) in conjunction with a hands-free device, as
106	106	defined by Section 545.425;
107	107	(2) to report illegal activity or summon emergency
108	108	help;
109	109	(3) to read an electronic message that the person
110	110	reasonably believed concerned an emergency; or
111	111	(4) that was permanently or temporarily affixed to the
112	112	vehicle to relay information in the course of the operator's
113	113	occupational duties between the operator and:
114	114	(A) a dispatcher; or
115	115	(B) a digital network or software application
116	116	service.
117	117	(d) Subsection (b) does not apply to:
118	118	(1) an operator of an authorized emergency or law
119	119	enforcement vehicle using a portable wireless communication device
120	120	while acting in an official capacity; or
121	121	(2) an operator who is licensed by the Federal
122	122	Communications Commission while operating a radio frequency device
123	123	other than a portable wireless communication device.
124	124	(e) An offense under this section is a misdemeanor
125	125	punishable by a fine of at least $25 and not more than $99 unless it
126	126	is shown on the trial of the offense that the defendant has been
127	127	previously convicted at least one time of an offense under this
128	128	section, in which event the offense is punishable by a fine of at
129	129	least $100 and not more than $200.
130	130	(f) The Texas Department of Transportation shall post a sign
131	131	at each point at which an interstate highway or United States
132	132	highway enters this state that informs an operator that:
133	133	(1) the use of a portable wireless communication
134	134	device for electronic messaging while operating a motor vehicle is
135	135	prohibited in this state; and
136	136	(2) the operator is subject to a fine if the operator
137	137	uses a portable wireless communication device for electronic
138	138	messaging while operating a motor vehicle in this state.
139	139	(g) A peace officer who stops a motor vehicle for an alleged
140	140	violation of this section may not take possession of or otherwise
141	141	inspect a portable wireless communication device in the possession
142	142	of the operator unless authorized by the Code of Criminal
143	143	Procedure, the Penal Code, or other law.
144	144	SECTION 6. Section 708.052, Transportation Code, is amended
145	145	by adding Subsection (e-1) to read as follows:
146	146	(e-1) Notwithstanding Subsection (b), the department may
147	147	not assign points to a person's license if the offense of which the
148	148	person was convicted is the offense of using a portable wireless
149	149	communication device for electronic messaging as described by
150	150	Section 545.4251.
151	151	SECTION 7. The changes in law made by this Act to Chapter
152	152	545, Transportation Code, apply only to an offense committed on or
153	153	after the effective date of this Act. An offense committed before
154	154	the effective date of this Act is governed by the law in effect on
155	155	the date the offense was committed, and the former law is continued
156	156	in effect for that purpose. For purposes of this section, an
157	157	offense was committed before the effective date of this Act if any
158	158	element of the offense occurred before that date.
159	159	SECTION 8. This Act takes effect September 1, 2017.
160	160	* * * * *