Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB39 Compare Versions

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

Old	New	Differences
1	1	85S10192 JXC-D
2	2	By: Zaffirini S.B. No. 39
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. The heading to Section 545.4251, Transportation
11	11	Code, as effective September 1, 2017, is amended to read as follows:
12	12	Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
13	13	DEVICE WHILE OPERATING MOTOR VEHICLE [FOR ELECTRONIC MESSAGING];
14	14	OFFENSE.
15	15	SECTION 2. Section 545.4251, Transportation Code, as
16	16	effective September 1, 2017, is amended by amending Subsections
17	17	(a), (b), (c), (d), (h), and (j) and adding Subsection (c-1) to read
18	18	as follows:
19	19	(a) In this section:
20	20	(1) "Hands-free device" means speakerphone
21	21	capability, a telephone attachment, or another function or other
22	22	piece of equipment, regardless of whether permanently installed in
23	23	or on a wireless communication device or in a motor vehicle, that
24	24	allows use of the wireless communication device without use of
25	25	either of the operator's hands, except to activate or deactivate a
26	26	function of the wireless communication device or hands-free device.
27	27	The term includes voice-operated technology and a push-to-talk
28	28	function ["Electronic message" means data that is read from or
29	29	entered into a wireless communication device for the purpose of
30	30	communicating with another person].
31	31	(2) "Wireless communication device" means a device
32	32	through which personal wireless services, as defined by 47 U.S.C.
33	33	Section 332(c)(7)(C)(i), are transmitted. The term does not include
34	34	a global navigation satellite system receiver used for positioning,
35	35	emergency notification, or navigation purposes [has the meaning
36	36	assigned by Section 545.425].
37	37	(b) An operator commits an offense if the operator uses a
38	38	portable wireless communication device [to read, write, or send an
39	39	electronic message] while operating a motor vehicle unless the
40	40	vehicle is stopped outside a lane of travel. To be prosecuted, the
41	41	behavior must be committed in the presence of or within the view of
42	42	a peace officer or established by other evidence.
43	43	(c) Except as provided by Subsection (c-1), it [It] is an
44	44	affirmative defense to prosecution of an offense under this section
45	45	that the operator used a portable wireless communication device:
46	46	(1) in conjunction with a hands-free device[, as
47	47	defined by Section 545.425];
48	48	(2) to navigate using a global positioning system or
49	49	navigation system;
50	50	(3) to report illegal activity, summon emergency help,
51	51	or enter information into a software application that provides
52	52	information relating to traffic and road conditions to users of the
53	53	application;
54	54	(4) to read a [an electronic] message that the person
55	55	reasonably believed concerned an emergency;
56	56	(5) that was permanently or temporarily affixed to the
57	57	vehicle to relay information in the course of the operator's
58	58	occupational duties between the operator and:
59	59	(A) a dispatcher; or
60	60	(B) a digital network or software application
61	61	service; or
62	62	(6) to activate a function that plays music.
63	63	(c-1) The affirmative defenses in Subsections (c)(1), (2),
64	64	(4), (5), and (6) are not available for an offense under Subsection
65	65	(b) committed by a person under 18 years of age or by a person
66	66	operating a school bus with a minor passenger on the bus.
67	67	(d) Subsection (b) does not apply to:
68	68	(1) an operator of an authorized emergency or law
69	69	enforcement vehicle using a portable wireless communication device
70	70	while acting in an official capacity; [or]
71	71	(2) an operator who is licensed by the Federal
72	72	Communications Commission while operating a radio frequency device
73	73	other than a portable wireless communication device during an
74	74	emergency; or
75	75	(3) an operator of a commercial motor vehicle, other
76	76	than a school bus with a minor passenger on the bus, who uses a
77	77	portable wireless communication device while acting in the scope of
78	78	the operator's employment and the use is allowed under federal
79	79	motor carrier safety regulations, as defined by Section 644.001.
80	80	(h) The Texas Department of Transportation shall post a sign
81	81	at each point at which an interstate highway or United States
82	82	highway enters this state that informs an operator that:
83	83	(1) the use of a portable wireless communication
84	84	device [for electronic messaging] while operating a motor vehicle
85	85	is prohibited in this state; and
86	86	(2) the operator is subject to a fine if the operator
87	87	uses a portable wireless communication device [for electronic
88	88	messaging] while operating a motor vehicle in this state.
89	89	(j) This section preempts all local ordinances, rules, or
90	90	other regulations adopted by a local authority [political
91	91	subdivision] relating to the use of a portable wireless
92	92	communication device by the operator of a motor vehicle [to read,
93	93	write, or send an electronic message].
94	94	SECTION 3. Sections 545.424(a), (b), (f), and (g), 545.425,
95	95	and 545.4252, Transportation Code, as effective September 1, 2017,
96	96	are repealed.
97	97	SECTION 4. The changes in law made by this Act apply only to
98	98	an offense committed on or after the effective date of this Act. An
99	99	offense committed before the effective date of this Act is governed
100	100	by the law in effect on the date the offense was committed, and the
101	101	former law is continued in effect for that purpose. For purposes of
102	102	this section, an offense was committed before the effective date of
103	103	this Act if any element of the offense occurred before that date.
104	104	SECTION 5. This Act takes effect September 1, 2017, if it
105	105	receives a vote of two-thirds of all the members elected to each
106	106	house, as provided by Section 39, Article III, Texas Constitution.
107	107	If this Act does not receive the vote necessary for effect on that
108	108	date, this Act takes effect on the 91st day after the last day of the
109	109	legislative session.