Texas House Bill HB1105

Texas 2019 - 86th Regular

Caption

Relating to the preemption and prosecution of certain offenses involving the use of a wireless communication device while operating a motor vehicle.

Impact

The enforcement of HB 1105 means that any local ordinances that sought to impose stricter regulations on the use of wireless communication devices by drivers will be null and void. This could streamline enforcement and reduce confusion for both law enforcement and drivers who travel between different jurisdictions in Texas. However, it may also diminish local governments' ability to address specific safety concerns that could vary by community, such as high traffic areas or school zones, where local regulations could have addressed unique challenges.

Summary

House Bill 1105 aims to amend the Transportation Code in Texas by preempting local authorities from regulating the use of wireless communication devices while operating a motor vehicle. The bill explicitly declares that local regulations concerning the use of these devices are overridden by state law, ensuring uniformity across all jurisdictions within the state. This law retains the authority of local peace officers to enforce existing state laws on this matter, allowing them to uphold the legal framework without local variances.

Contention

The introduction of HB 1105 has sparked debates among legislators. Proponents of the bill argue that a cohesive state-wide policy on wireless communication device usage will lead to safer road conditions and facilitate easier enforcement for local authorities tasked with maintaining traffic regulations. Opponents have raised concerns about the loss of local control, arguing that municipalities are better equipped to address their specific traffic and safety needs. This contention underscores a broader debate over state versus local governance in Texas, particularly in areas of public safety and regulatory powers.