By: Zaffirini S.B. No. 92
A BILL TO BE ENTITLED
AN ACT
relating to distracted driving; adding a provision subject to a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 542, Transportation Code,
is amended by adding Section 542.2034 to read as follows:
Sec. 542.2034. LIMITATION ON LOCAL AUTHORITIES' REGULATION
OF DISTRACTED DRIVING. (a) In this section, "wireless
communication device" has the meaning assigned by Section 545.425.
(b) Except as provided by Subsection (c), a local authority
may not regulate or prohibit distracted driving, including the use
of a wireless communication device while operating a motor vehicle.
(c) A local authority may enforce the laws of this state
relating to distracted driving, including Sections 545.4015,
545.424, 545.425, 545.4251, and 545.4252.
SECTION 2. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.4015 to read as follows:
Sec. 545.4015. DISTRACTED DRIVING. (a) In this section,
"hands-free device" and "wireless communication device" have the
meanings assigned by Section 545.425.
(b) A person may not operate a moving motor vehicle while
engaging in an activity that is not related to the operation of the
motor vehicle and interferes with the operator's ability to safely
operate the vehicle. Activities that may interfere with an
operator's safe operation may include:
(1) eating;
(2) reading;
(3) interacting with a passenger;
(4) personal grooming, including applying cosmetics;
(5) using an entertainment system; or
(6) using a wireless communication device.
(c) Except as otherwise provided by this section, use of a
wireless communication device by an operator of a motor vehicle to
send an electronic message while the vehicle is moving is prima
facie evidence that the operator was distracted.
(d) It is an affirmative defense to prosecution of an
offense under this section that solely involved the use of a
wireless communication device that the operator used the device:
(1) in conjunction with a hands-free device;
(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 message that the person reasonably
believed concerned an emergency; or
(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.
(e) The affirmative defenses in Subsections (d)(1), (2),
(4), and (5) are not available for an offense under this section
committed by a person under 18 years of age or by a person operating
a school bus with a minor passenger on the bus.
(f) It is a defense to prosecution of an offense under this
section that solely involved the use of a wireless communication
device that at the time of the offense the operator was:
(1) an operator of an authorized emergency or law
enforcement vehicle using a wireless communication device while
acting in an official capacity; or
(2) an operator of a commercial motor vehicle, other
than a school bus with a minor passenger on the bus, using a
wireless communication device while acting in the scope of the
operator's employment if the use is allowed under federal motor
carrier safety regulations, as defined by Section 644.001.
(g) It is a defense to prosecution of an offense under this
section that solely involved the use of a radio frequency device
that at the time of the offense the operator was licensed by the
Federal Communications Commission and the use occurred during an
emergency.
SECTION 3. The heading to Section 545.425, Transportation
Code, as effective September 1, 2017, 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; LOCAL AUTHORITY [POLITICAL SUBDIVISION] SIGN
REQUIREMENTS; OFFENSE.
SECTION 4. Section 545.425(b-1), Transportation Code, is
amended to read as follows:
(b-1) A [Except as provided by Subsection (b-2), a]
municipality, county, or other local authority [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 local authority [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.
SECTION 5. (a) Sections 545.425(b-2) and 545.4251(j),
Transportation Code, as effective September 1, 2017, are repealed.
(b) Sections 545.425(b-3), (b-4), (d-1), and (f) and
545.4252(e), Transportation Code, are repealed.
SECTION 6. 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 7. 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.