85R1525 JXC-D
By: Zaffirini S.B. No. 67
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.
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(c), Transportation Code, is
amended to read as follows:
(c) 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].
SECTION 4. Section 545.425, Transportation Code, is amended
to read as follows:
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE [IN A
SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR
PASSENGER]; OFFENSE. (a) In this section:
(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.
(2) "Wireless communication device" means a device
through which personal wireless services, as defined by 47 U.S.C.
Section 332(c)(7)(C)(i), are transmitted. The term does not include
a global navigation satellite system receiver used for positioning,
emergency notification, or navigation purposes [that uses a
commercial mobile service, as defined by 47 U.S.C. Section 332].
(b) Except as provided by Subsection (c), an operator may
not use a wireless communication device while operating a motor
vehicle [within a school crossing zone, as defined by Section
541.302, Transportation Code,] unless:
(1) the vehicle is stopped outside a lane of travel; or
(2) the operator is at least 18 years of age and the
wireless communication device is used with a hands-free device.
[(b-1) Except as provided by Subsection (b-2), a
municipality, county, or other political subdivision that enforces
this section shall post a sign that complies with the standards
described by this subsection at the entrance to each school
crossing zone in the municipality, county, or other political
subdivision. The department shall adopt standards that:
[(1) allow for a sign required to be posted under this
subsection to be attached to an existing sign at a minimal cost; and
[(2) require that a sign required to be posted under
this subsection inform an operator that:
[(A) the use of a wireless communication device
is prohibited in the school crossing zone; and
[(B) the operator is subject to a fine if the
operator uses a wireless communication device in the school
crossing zone.
[(b-2) A municipality, county, or other political
subdivision that by ordinance or rule prohibits the use of a
wireless communication device while operating a motor vehicle
throughout the jurisdiction of the political subdivision is not
required to post a sign as required by Subsection (b-1) if the
political subdivision:
[(1) posts signs that are located at each point at
which a state highway, U.S. highway, or interstate highway enters
the political subdivision and that state:
[(A) that an operator is prohibited from using a
wireless communication device while operating a motor vehicle in
the political subdivision; and
[(B) that the operator is subject to a fine if the
operator uses a wireless communication device while operating a
motor vehicle in the political subdivision; and
[(2) subject to all applicable United States
Department of Transportation Federal Highway Administration rules,
posts a message that complies with Subdivision (1) on any dynamic
message sign operated by the political subdivision located on a
state highway, U.S. highway, or interstate highway in the political
subdivision.
[(b-3) A sign posted under Subsection (b-2)(1) must be
readable to an operator traveling at the applicable speed limit.
[(b-4) The political subdivision shall pay the costs
associated with the posting of signs under Subsection (b-2).]
(c) An operator may not use a wireless communication device
while operating a passenger bus with a minor passenger on the bus
unless the passenger bus is stopped outside a lane of travel.
(d) It is an affirmative defense to prosecution of an
offense under this section that[:
[(1)] the wireless communication device was used to
make an emergency call to:
(1) [(A)] an emergency response service, including a
rescue, emergency medical, or hazardous material response service;
(2) [(B)] a hospital;
(3) [(C)] a fire department;
(4) [(D)] a health clinic;
(5) [(E)] a medical doctor's office;
(6) [(F)] an individual to administer first aid
treatment; or
(7) [(G)] a police department[; or
[(2) a sign required by Subsection (b-1) was not
posted at the entrance to the school crossing zone at the time of an
offense committed in the school crossing zone].
[(d-1) The affirmative defense available in Subsection
(d)(2) is not available for an offense under Subsection (b)
committed in a school crossing zone located in a municipality,
county, or other political subdivision that is in compliance with
Subsection (b-2).]
(e) Subsections (b) and (c) do [This section does] not apply
to:
(1) an operator of an authorized emergency vehicle
using a 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 wireless communication device during an emergency.
(f) Subsection (b) does not apply to an operator of a
commercial motor vehicle who uses a wireless communication device
while acting in the scope of the operator's employment and the use
is allowed under federal motor carrier safety regulations, as
defined by Section 644.001.
(g) This [(f) Except as provided by Subsection (b-2), this]
section preempts all local ordinances, rules, or regulations [that
are inconsistent with specific provisions of this section] adopted
by a political subdivision of this state relating to the use of a
wireless communication device by the operator of a motor vehicle.
(h) 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.
(i) 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 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 while operating a
motor vehicle in this state.
SECTION 5. Sections 545.424(a), (b), and (f) and 545.4252,
Transportation Code, are repealed.
SECTION 6. 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 7. This Act takes effect September 1, 2017.