Texas 2017 - 85th 1st C.S.

Texas House Bill HB117 Compare Versions

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

Old	New	Differences
1	1	85S10342 JXC-F
2	2	By: Uresti H.B. No. 117
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; amending provisions subject to a
9	9	criminal penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 545.4251, Transportation
12	12	Code, as effective September 1, 2017, is amended to read as follows:
13	13	Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
14	14	DEVICE WHILE OPERATING MOTOR VEHICLE [FOR ELECTRONIC MESSAGING];
15	15	OFFENSE.
16	16	SECTION 2. Section 545.4251, Transportation Code, as
17	17	effective September 1, 2017, is amended by amending Subsections
18	18	(a), (b), (c), (h), and (j) and adding Subsection (c-1) to read as
19	19	follows:
20	20	(a) In this section:
21	21	(1) "Hands-free device" means speakerphone
22	22	capability, a telephone attachment, or another function or other
23	23	piece of equipment, regardless of whether permanently installed in
24	24	or on a wireless communication device or in a motor vehicle, that
25	25	allows use of the wireless communication device without use of
26	26	either of the operator's hands, except to activate or deactivate a
27	27	function of the wireless communication device or hands-free device.
28	28	The term includes voice-operated technology and a push-to-talk
29	29	function ["Electronic message" means data that is read from or
30	30	entered into a wireless communication device for the purpose of
31	31	communicating with another person].
32	32	(2) "Wireless communication device" means a device
33	33	that uses a commercial mobile service, as defined by 47
34	34	U.S.C. Section 332 [has the meaning assigned by Section 545.425].
35	35	(b) An operator commits an offense if the operator uses a
36	36	portable wireless communication device [to read, write, or send an
37	37	electronic message] while operating a motor vehicle unless the
38	38	vehicle is stopped. To be prosecuted, the behavior must be
39	39	committed in the presence of or within the view of a peace officer
40	40	or established by other evidence.
41	41	(c) Except as provided by Subsection (c-1), it [It] is an
42	42	affirmative defense to prosecution of an offense under this section
43	43	that the operator used a portable wireless communication device:
44	44	(1) in conjunction with a hands-free device[, as
45	45	defined by Section 545.425];
46	46	(2) to navigate using a global positioning system or
47	47	navigation system;
48	48	(3) to report illegal activity, summon emergency help,
49	49	or enter information into a software application that provides
50	50	information relating to traffic and road conditions to users of the
51	51	application;
52	52	(4) to read a [an electronic] message that the person
53	53	reasonably believed concerned an emergency;
54	54	(5) that was permanently or temporarily affixed to the
55	55	vehicle to relay information in the course of the operator's
56	56	occupational duties between the operator and:
57	57	(A) a dispatcher; or
58	58	(B) a digital network or software application
59	59	service; or
60	60	(6) to activate a function that plays audio content
61	61	[music].
62	62	(c-1) The affirmative defenses in Subsections (c)(1), (2),
63	63	(4), (5), and (6) are not available for an offense under Subsection
64	64	(b) committed by a person under 18 years of age or by a person
65	65	operating a school bus with a minor passenger on the bus.
66	66	(h) The Texas Department of Transportation shall post a sign
67	67	at each point at which an interstate highway or United States
68	68	highway enters this state that informs an operator that:
69	69	(1) the use of a portable wireless communication
70	70	device [for electronic messaging] while operating a motor vehicle
71	71	is prohibited in this state; and
72	72	(2) the operator is subject to a fine if the operator
73	73	uses a portable wireless communication device [for electronic
74	74	messaging] while operating a motor vehicle in this state.
75	75	(j) This section preempts all local ordinances, rules, or
76	76	other regulations adopted by a local authority [political
77	77	subdivision] relating to the use of a portable wireless
78	78	communication device by the operator of a motor vehicle [to read,
79	79	write, or send an electronic message].
80	80	SECTION 3. Sections 545.424(a), (b), (f), and (g), 545.425,
81	81	and 545.4252, Transportation Code, as effective September 1, 2017,
82	82	are repealed.
83	83	SECTION 4. The changes in law made by this Act apply only to
84	84	an offense committed on or after the effective date of this Act. An
85	85	offense committed before the effective date of this Act is governed
86	86	by the law in effect on the date the offense was committed, and the
87	87	former law is continued in effect for that purpose. For purposes of
88	88	this section, an offense was committed before the effective date of
89	89	this Act if any element of the offense occurred before that date.
90	90	SECTION 5. This Act takes effect September 1, 2017, if it
91	91	receives a vote of two-thirds of all the members elected to each
92	92	house, as provided by Section 39, Article III, Texas Constitution.
93	93	If this Act does not receive the vote necessary for effect on that
94	94	date, this Act takes effect on the 91st day after the last day of the
95	95	legislative session.