| 1 | 1 | | 85S11036 JXC-D |
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| 2 | 2 | | By: Davis of Harris H.B. No. 327 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the placement of warning signs in areas where the use of |
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| 8 | 8 | | a wireless communication device is prohibited. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 545.425, Transportation |
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| 11 | 11 | | Code, as effective September 1, 2017, is amended to read as follows: |
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| 12 | 12 | | Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE IN A |
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| 13 | 13 | | SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR |
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| 14 | 14 | | PASSENGER; LOCAL AUTHORITY [POLITICAL SUBDIVISION] SIGN |
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| 15 | 15 | | REQUIREMENTS; OFFENSE. |
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| 16 | 16 | | SECTION 2. Sections 545.425(b-1), (b-4), and (d-1), |
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| 17 | 17 | | Transportation Code, are amended to read as follows: |
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| 18 | 18 | | (b-1) Except as provided by Subsection (b-2), a local |
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| 19 | 19 | | authority [a municipality, county, or other political subdivision] |
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| 20 | 20 | | that enforces this section in a school crossing zone in the local |
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| 21 | 21 | | authority's jurisdiction shall post a sign, or approve the posting |
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| 22 | 22 | | of a sign, that complies with the standards described by this |
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| 23 | 23 | | subsection at each [the] entrance to the [each] school crossing |
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| 24 | 24 | | zone [in the municipality, county, or other political |
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| 25 | 25 | | subdivision]. The Texas Department of Transportation [department] |
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| 26 | 26 | | shall adopt standards that: |
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| 27 | 27 | | (1) allow for a sign required to be posted under this |
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| 28 | 28 | | subsection to be attached to an existing sign at a minimal cost; and |
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| 29 | 29 | | (2) require that a sign required to be posted under |
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| 30 | 30 | | this subsection inform an operator that: |
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| 31 | 31 | | (A) the use of a wireless communication device is |
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| 32 | 32 | | prohibited in the school crossing zone; and |
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| 33 | 33 | | (B) the operator is subject to a fine if the |
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| 34 | 34 | | operator uses a wireless communication device in the school |
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| 35 | 35 | | crossing zone. |
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| 36 | 36 | | (b-4) The local authority [political subdivision] shall pay |
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| 37 | 37 | | the costs associated with the posting of signs under Subsection |
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| 38 | 38 | | (b-2). |
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| 39 | 39 | | (d-1) The affirmative defense available in Subsection |
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| 40 | 40 | | (d)(2) is not available for an offense under Subsection (b) |
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| 41 | 41 | | committed in a school crossing zone located in the jurisdiction of a |
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| 42 | 42 | | local authority [a municipality, county, or other political |
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| 43 | 43 | | subdivision] that is in compliance with Subsection (b-2). |
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| 44 | 44 | | SECTION 3. Section 545.425(b-2), Transportation Code, as |
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| 45 | 45 | | effective September 1, 2017, is amended to read as follows: |
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| 46 | 46 | | (b-2) A local authority [municipality, county, or other |
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| 47 | 47 | | political subdivision] that by ordinance or rule prohibits the use |
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| 48 | 48 | | of a wireless communication device while operating a motor vehicle, |
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| 49 | 49 | | including a prohibition that contains an exception for the use of a |
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| 50 | 50 | | wireless communication device with a hands-free device, throughout |
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| 51 | 51 | | the jurisdiction of the local authority [political subdivision] is |
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| 52 | 52 | | not required to post a sign as required by Subsection (b-1) and |
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| 53 | 53 | | shall: |
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| 54 | 54 | | (1) post signs that are located at each point at which |
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| 55 | 55 | | a state highway, U.S. highway, or interstate highway enters the |
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| 56 | 56 | | jurisdiction of the local authority [political subdivision] and |
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| 57 | 57 | | that state: |
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| 58 | 58 | | (A) that an operator is prohibited from using a |
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| 59 | 59 | | wireless communication device while operating a motor vehicle in |
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| 60 | 60 | | the jurisdiction of the local authority [political subdivision,] |
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| 61 | 61 | | and whether use of a wireless communication device with a |
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| 62 | 62 | | hands-free device is allowed in the jurisdiction of the local |
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| 63 | 63 | | authority [political subdivision]; and |
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| 64 | 64 | | (B) that the operator is subject to a fine if the |
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| 65 | 65 | | operator uses a wireless communication device while operating a |
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| 66 | 66 | | motor vehicle in the jurisdiction of the local authority [political |
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| 67 | 67 | | subdivision]; and |
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| 68 | 68 | | (2) subject to all applicable United States Department |
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| 69 | 69 | | of Transportation Federal Highway Administration rules, post a |
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| 70 | 70 | | message that complies with Subdivision (1) on any dynamic message |
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| 71 | 71 | | sign operated by the local authority [political subdivision] |
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| 72 | 72 | | located on a state highway, U.S. highway, or interstate highway in |
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| 73 | 73 | | the jurisdiction of the local authority [political subdivision]. |
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| 74 | 74 | | SECTION 4. This Act takes effect December 1, 2017. |
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