Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB92 Compare Versions

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

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1	1	By: Zaffirini S.B. No. 92
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to distracted driving; adding a provision subject to a
7	7	criminal penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 542, Transportation Code,
10	10	is amended by adding Section 542.2034 to read as follows:
11	11	Sec. 542.2034. LIMITATION ON LOCAL AUTHORITIES' REGULATION
12	12	OF DISTRACTED DRIVING. (a) In this section, "wireless
13	13	communication device" has the meaning assigned by Section 545.425.
14	14	(b) Except as provided by Subsection (c), a local authority
15	15	may not regulate or prohibit distracted driving, including the use
16	16	of a wireless communication device while operating a motor vehicle.
17	17	(c) A local authority may enforce the laws of this state
18	18	relating to distracted driving, including Sections 545.4015,
19	19	545.424, 545.425, 545.4251, and 545.4252.
20	20	SECTION 2. Subchapter I, Chapter 545, Transportation Code,
21	21	is amended by adding Section 545.4015 to read as follows:
22	22	Sec. 545.4015. DISTRACTED DRIVING. (a) In this section,
23	23	"hands-free device" and "wireless communication device" have the
24	24	meanings assigned by Section 545.425.
25	25	(b) A person may not operate a moving motor vehicle while
26	26	engaging in an activity that is not related to the operation of the
27	27	motor vehicle and interferes with the operator's ability to safely
28	28	operate the vehicle. Activities that may interfere with an
29	29	operator's safe operation may include:
30	30	(1) eating;
31	31	(2) reading;
32	32	(3) interacting with a passenger;
33	33	(4) personal grooming, including applying cosmetics;
34	34	(5) using an entertainment system; or
35	35	(6) using a wireless communication device.
36	36	(c) Except as otherwise provided by this section, use of a
37	37	wireless communication device by an operator of a motor vehicle to
38	38	send an electronic message while the vehicle is moving is prima
39	39	facie evidence that the operator was distracted.
40	40	(d) It is an affirmative defense to prosecution of an
41	41	offense under this section that solely involved the use of a
42	42	wireless communication device that the operator used the device:
43	43	(1) in conjunction with a hands-free device;
44	44	(2) to navigate using a global positioning system or
45	45	navigation system;
46	46	(3) to report illegal activity, summon emergency help,
47	47	or enter information into a software application that provides
48	48	information relating to traffic and road conditions to users of the
49	49	application;
50	50	(4) to read a message that the person reasonably
51	51	believed concerned an emergency; or
52	52	(5) that was permanently or temporarily affixed to the
53	53	vehicle to relay information in the course of the operator's
54	54	occupational duties between the operator and:
55	55	(A) a dispatcher; or
56	56	(B) a digital network or software application
57	57	service.
58	58	(e) The affirmative defenses in Subsections (d)(1), (2),
59	59	(4), and (5) are not available for an offense under this section
60	60	committed by a person under 18 years of age or by a person operating
61	61	a school bus with a minor passenger on the bus.
62	62	(f) It is a defense to prosecution of an offense under this
63	63	section that solely involved the use of a wireless communication
64	64	device that at the time of the offense the operator was:
65	65	(1) an operator of an authorized emergency or law
66	66	enforcement vehicle using a wireless communication device while
67	67	acting in an official capacity; or
68	68	(2) an operator of a commercial motor vehicle, other
69	69	than a school bus with a minor passenger on the bus, using a
70	70	wireless communication device while acting in the scope of the
71	71	operator's employment if the use is allowed under federal motor
72	72	carrier safety regulations, as defined by Section 644.001.
73	73	(g) It is a defense to prosecution of an offense under this
74	74	section that solely involved the use of a radio frequency device
75	75	that at the time of the offense the operator was licensed by the
76	76	Federal Communications Commission and the use occurred during an
77	77	emergency.
78	78	SECTION 3. The heading to Section 545.425, Transportation
79	79	Code, as effective September 1, 2017, is amended to read as follows:
80	80	Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE IN A
81	81	SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR
82	82	PASSENGER; LOCAL AUTHORITY [POLITICAL SUBDIVISION] SIGN
83	83	REQUIREMENTS; OFFENSE.
84	84	SECTION 4. Section 545.425(b-1), Transportation Code, is
85	85	amended to read as follows:
86	86	(b-1) A [Except as provided by Subsection (b-2), a]
87	87	municipality, county, or other local authority [political
88	88	subdivision] that enforces this section shall post a sign that
89	89	complies with the standards described by this subsection at the
90	90	entrance to each school crossing zone in the municipality, county,
91	91	or other local authority [political subdivision]. The department
92	92	shall adopt standards that:
93	93	(1) allow for a sign required to be posted under this
94	94	subsection to be attached to an existing sign at a minimal cost; and
95	95	(2) require that a sign required to be posted under
96	96	this subsection inform an operator that:
97	97	(A) the use of a wireless communication device is
98	98	prohibited in the school crossing zone; and
99	99	(B) the operator is subject to a fine if the
100	100	operator uses a wireless communication device in the school
101	101	crossing zone.
102	102	SECTION 5. (a) Sections 545.425(b-2) and 545.4251(j),
103	103	Transportation Code, as effective September 1, 2017, are repealed.
104	104	(b) Sections 545.425(b-3), (b-4), (d-1), and (f) and
105	105	545.4252(e), Transportation Code, are repealed.
106	106	SECTION 6. The changes in law made by this Act apply only to
107	107	an offense committed on or after the effective date of this Act. An
108	108	offense committed before the effective date of this Act is governed
109	109	by the law in effect on the date the offense was committed, and the
110	110	former law is continued in effect for that purpose. For purposes of
111	111	this section, an offense was committed before the effective date of
112	112	this Act if any element of the offense occurred before that date.
113	113	SECTION 7. This Act takes effect September 1, 2017, if it
114	114	receives a vote of two-thirds of all the members elected to each
115	115	house, as provided by Section 39, Article III, Texas Constitution.
116	116	If this Act does not receive the vote necessary for effect on that
117	117	date, this Act takes effect on the 91st day after the last day of the
118	118	legislative session.