85S10192 JXC-D
By: Zaffirini S.B. No. 39
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. The heading to Section 545.4251, Transportation
Code, as effective September 1, 2017, is amended to read as follows:
Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
DEVICE WHILE OPERATING MOTOR VEHICLE [FOR ELECTRONIC MESSAGING];
OFFENSE.
SECTION 2. Section 545.4251, Transportation Code, as
effective September 1, 2017, is amended by amending Subsections
(a), (b), (c), (d), (h), and (j) and adding Subsection (c-1) to read
as follows:
(a) In this section:
(1) "Hands-free device" means speakerphone
capability, 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 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 ["Electronic message" means data that is read from or
entered into a wireless communication device for the purpose of
communicating with another person].
(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 [has the meaning
assigned by Section 545.425].
(b) An operator commits an offense if the operator uses a
portable wireless communication device [to read, write, or send an
electronic message] while operating a motor vehicle unless the
vehicle is stopped outside a lane of travel. To be prosecuted, the
behavior must be committed in the presence of or within the view of
a peace officer or established by other evidence.
(c) Except as provided by Subsection (c-1), it [It] is an
affirmative defense to prosecution of an offense under this section
that the operator used a portable wireless communication device:
(1) in conjunction with a hands-free device[, as
defined by Section 545.425];
(2) to navigate using a global positioning system or
navigation system;
(3) to report illegal activity, summon emergency help,
or enter information into a software application that provides
information relating to traffic and road conditions to users of the
application;
(4) to read a [an electronic] message that the person
reasonably believed concerned an emergency;
(5) that was permanently or temporarily affixed to the
vehicle to relay information in the course of the operator's
occupational duties between the operator and:
(A) a dispatcher; or
(B) a digital network or software application
service; or
(6) to activate a function that plays music.
(c-1) The affirmative defenses in Subsections (c)(1), (2),
(4), (5), and (6) are not available for an offense under Subsection
(b) committed by a person under 18 years of age or by a person
operating a school bus with a minor passenger on the bus.
(d) Subsection (b) does not apply to:
(1) an operator of an authorized emergency or law
enforcement vehicle using a portable 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 portable wireless communication device during an
emergency; or
(3) an operator of a commercial motor vehicle, other
than a school bus with a minor passenger on the bus, who uses a
portable 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.
(h) 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 [for electronic messaging] 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 [for electronic
messaging] while operating a motor vehicle in this state.
(j) This section preempts all local ordinances, rules, or
other regulations adopted by a local authority [political
subdivision] relating to the use of a portable wireless
communication device by the operator of a motor vehicle [to read,
write, or send an electronic message].
SECTION 3. Sections 545.424(a), (b), (f), and (g), 545.425,
and 545.4252, Transportation Code, as effective September 1, 2017,
are repealed.
SECTION 4. The changes in law made by this Act 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 5. This Act takes effect September 1, 2017, if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for effect on that
date, this Act takes effect on the 91st day after the last day of the
legislative session.