Texas 2017 - 85th Regular

Texas Senate Bill SB67 Compare Versions

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

Old	New	Differences
1	1	85R1525 JXC-D
2	2	By: Zaffirini S.B. No. 67
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 a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Alex Brown Memorial
11	11	Act.
12	12	SECTION 2. Sections 521.161(b) and (c), Transportation
13	13	Code, are amended to read as follows:
14	14	(b) The examination must include:
15	15	(1) a test of the applicant's:
16	16	(A) vision;
17	17	(B) ability to identify and understand highway
18	18	signs in English that regulate, warn, or direct traffic;
19	19	(C) knowledge of the traffic laws of this state;
20	20	[and]
21	21	(D) knowledge of motorists' rights and
22	22	responsibilities in relation to bicyclists; and
23	23	(E) knowledge of the effect of using a wireless
24	24	communication device, or engaging in other actions that may
25	25	distract a driver, on the safe or effective operation of a motor
26	26	vehicle;
27	27	(2) a demonstration of the applicant's ability to
28	28	exercise ordinary and reasonable control in the operation of a
29	29	motor vehicle of the type that the applicant will be licensed to
30	30	operate; and
31	31	(3) any additional examination the department finds
32	32	necessary to determine the applicant's fitness to operate a motor
33	33	vehicle safely.
34	34	(c) The department shall give each applicant the option of
35	35	taking the parts of the examination under Subsections (b)(1)(B),
36	36	(C), [and] (D), and (E) in writing in addition to or instead of
37	37	through a mechanical, electronic, or other testing method. If the
38	38	applicant takes that part of the examination in writing in addition
39	39	to another testing method, the applicant is considered to have
40	40	passed that part of the examination if the applicant passes either
41	41	version of the examination. The department shall inform each
42	42	person taking the examination of the person's rights under this
43	43	subsection.
44	44	SECTION 3. Section 545.424(c), Transportation Code, is
45	45	amended to read as follows:
46	46	(c) This section does not apply to[:
47	47	[(1)] a person operating a motor vehicle while
48	48	accompanied in the manner required by Section 521.222(d)(2) for the
49	49	holder of an instruction permit[; or
50	50	[(2) a person licensed by the Federal Communications
51	51	Commission to operate a wireless communication device or a radio
52	52	frequency device].
53	53	SECTION 4. Section 545.425, Transportation Code, is amended
54	54	to read as follows:
55	55	Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE [IN A
56	56	SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR
57	57	PASSENGER]; OFFENSE. (a) In this section:
58	58	(1) "Hands-free device" means speakerphone
59	59	capability, [or] a telephone attachment, or another function or
60	60	other piece of equipment, regardless of whether permanently
61	61	installed in or on a wireless communication device or in a [the]
62	62	motor vehicle, that allows use of the wireless communication device
63	63	without use of either of the operator's hands, except to activate or
64	64	deactivate a function of the wireless communication device or
65	65	hands-free device. The term includes voice-operated technology and
66	66	a push-to-talk function.
67	67	(2) "Wireless communication device" means a device
68	68	through which personal wireless services, as defined by 47 U.S.C.
69	69	Section 332(c)(7)(C)(i), are transmitted. The term does not include
70	70	a global navigation satellite system receiver used for positioning,
71	71	emergency notification, or navigation purposes [that uses a
72	72	commercial mobile service, as defined by 47 U.S.C. Section 332].
73	73	(b) Except as provided by Subsection (c), an operator may
74	74	not use a wireless communication device while operating a motor
75	75	vehicle [within a school crossing zone, as defined by Section
76	76	541.302, Transportation Code,] unless:
77	77	(1) the vehicle is stopped outside a lane of travel; or
78	78	(2) the operator is at least 18 years of age and the
79	79	wireless communication device is used with a hands-free device.
80	80	[(b-1) Except as provided by Subsection (b-2), a
81	81	municipality, county, or other political subdivision that enforces
82	82	this section shall post a sign that complies with the standards
83	83	described by this subsection at the entrance to each school
84	84	crossing zone in the municipality, county, or other political
85	85	subdivision. The department shall adopt standards that:
86	86	[(1) allow for a sign required to be posted under this
87	87	subsection to be attached to an existing sign at a minimal cost; and
88	88	[(2) require that a sign required to be posted under
89	89	this subsection inform an operator that:
90	90	[(A) the use of a wireless communication device
91	91	is prohibited in the school crossing zone; and
92	92	[(B) the operator is subject to a fine if the
93	93	operator uses a wireless communication device in the school
94	94	crossing zone.
95	95	[(b-2) A municipality, county, or other political
96	96	subdivision that by ordinance or rule prohibits the use of a
97	97	wireless communication device while operating a motor vehicle
98	98	throughout the jurisdiction of the political subdivision is not
99	99	required to post a sign as required by Subsection (b-1) if the
100	100	political subdivision:
101	101	[(1) posts signs that are located at each point at
102	102	which a state highway, U.S. highway, or interstate highway enters
103	103	the political subdivision and that state:
104	104	[(A) that an operator is prohibited from using a
105	105	wireless communication device while operating a motor vehicle in
106	106	the political subdivision; and
107	107	[(B) that the operator is subject to a fine if the
108	108	operator uses a wireless communication device while operating a
109	109	motor vehicle in the political subdivision; and
110	110	[(2) subject to all applicable United States
111	111	Department of Transportation Federal Highway Administration rules,
112	112	posts a message that complies with Subdivision (1) on any dynamic
113	113	message sign operated by the political subdivision located on a
114	114	state highway, U.S. highway, or interstate highway in the political
115	115	subdivision.
116	116	[(b-3) A sign posted under Subsection (b-2)(1) must be
117	117	readable to an operator traveling at the applicable speed limit.
118	118	[(b-4) The political subdivision shall pay the costs
119	119	associated with the posting of signs under Subsection (b-2).]
120	120	(c) An operator may not use a wireless communication device
121	121	while operating a passenger bus with a minor passenger on the bus
122	122	unless the passenger bus is stopped outside a lane of travel.
123	123	(d) It is an affirmative defense to prosecution of an
124	124	offense under this section that[:
125	125	[(1)] the wireless communication device was used to
126	126	make an emergency call to:
127	127	(1) [(A)] an emergency response service, including a
128	128	rescue, emergency medical, or hazardous material response service;
129	129	(2) [(B)] a hospital;
130	130	(3) [(C)] a fire department;
131	131	(4) [(D)] a health clinic;
132	132	(5) [(E)] a medical doctor's office;
133	133	(6) [(F)] an individual to administer first aid
134	134	treatment; or
135	135	(7) [(G)] a police department[; or
136	136	[(2) a sign required by Subsection (b-1) was not
137	137	posted at the entrance to the school crossing zone at the time of an
138	138	offense committed in the school crossing zone].
139	139	[(d-1) The affirmative defense available in Subsection
140	140	(d)(2) is not available for an offense under Subsection (b)
141	141	committed in a school crossing zone located in a municipality,
142	142	county, or other political subdivision that is in compliance with
143	143	Subsection (b-2).]
144	144	(e) Subsections (b) and (c) do [This section does] not apply
145	145	to:
146	146	(1) an operator of an authorized emergency vehicle
147	147	using a wireless communication device while acting in an official
148	148	capacity; or
149	149	(2) an operator who is licensed by the Federal
150	150	Communications Commission while operating a radio frequency device
151	151	other than a wireless communication device during an emergency.
152	152	(f) Subsection (b) does not apply to an operator of a
153	153	commercial motor vehicle who uses a wireless communication device
154	154	while acting in the scope of the operator's employment and the use
155	155	is allowed under federal motor carrier safety regulations, as
156	156	defined by Section 644.001.
157	157	(g) This [(f) Except as provided by Subsection (b-2), this]
158	158	section preempts all local ordinances, rules, or regulations [that
159	159	are inconsistent with specific provisions of this section] adopted
160	160	by a political subdivision of this state relating to the use of a
161	161	wireless communication device by the operator of a motor vehicle.
162	162	(h) An offense under this section is a misdemeanor
163	163	punishable by a fine of at least $25 and not more than $99 unless it
164	164	is shown on the trial of the offense that the defendant has been
165	165	previously convicted at least one time of an offense under this
166	166	section, in which event the offense is punishable by a fine of at
167	167	least $100 and not more than $200.
168	168	(i) The Texas Department of Transportation shall post a sign
169	169	at each point at which an interstate highway or United States
170	170	highway enters this state that informs an operator that:
171	171	(1) the use of a portable wireless communication
172	172	device while operating a motor vehicle is prohibited in this state;
173	173	and
174	174	(2) the operator is subject to a fine if the operator
175	175	uses a portable wireless communication device while operating a
176	176	motor vehicle in this state.
177	177	SECTION 5. Sections 545.424(a), (b), and (f) and 545.4252,
178	178	Transportation Code, are repealed.
179	179	SECTION 6. The changes in law made by this Act to Chapter
180	180	545, Transportation Code, apply only to an offense committed on or
181	181	after the effective date of this Act. An offense committed before
182	182	the effective date of this Act is governed by the law in effect on
183	183	the date the offense was committed, and the former law is continued
184	184	in effect for that purpose. For purposes of this section, an
185	185	offense was committed before the effective date of this Act if any
186	186	element of the offense occurred before that date.
187	187	SECTION 7. This Act takes effect September 1, 2017.