By: Davis of Harris (Senate Sponsor - Zaffirini) H.B. No. 771
(In the Senate - Received from the House April 24, 2019;
May 13, 2019, read first time and referred to Committee on
Transportation; May 17, 2019, reported favorably by the following
vote: Yeas 9, Nays 0; May 17, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the placement of warning signs in areas where the use of
a wireless communication device is prohibited.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 545.425, Transportation
Code, 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 2. Sections 545.425(b-1), (b-2), (b-4), and (d-1),
Transportation Code, are amended to read as follows:
(b-1) Except as provided by Subsection (b-2), a local
authority [a municipality, county, or other political subdivision]
that enforces this section in a school crossing zone in the local
authority's jurisdiction shall post a sign, or approve the posting
of a sign by a school or school district, that complies with the
standards described by this subsection at each [the] entrance to
the [each] school crossing zone [in the municipality, county, or
other political subdivision]. The Texas Department of
Transportation [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.
(b-2) A local authority [municipality, county, or other
political subdivision] that by ordinance or rule prohibits the use
of a wireless communication device while operating a motor vehicle,
including a prohibition that contains an exception for the use of a
wireless communication device with a hands-free device, throughout
the jurisdiction of the local authority [political subdivision] is
not required to post a sign as required by Subsection (b-1) and
shall:
(1) post signs that are located at each point at which
a state highway, U.S. highway, or interstate highway enters the
jurisdiction of the local authority [political subdivision] and
that state:
(A) that an operator is prohibited from using a
wireless communication device while operating a motor vehicle in
the jurisdiction of the local authority [political subdivision],
and whether use of a wireless communication device with a
hands-free device is allowed in the jurisdiction of the local
authority [political subdivision]; and
(B) that the operator is subject to a fine if the
operator uses a wireless communication device while operating a
motor vehicle in the jurisdiction of the local authority [political
subdivision]; and
(2) subject to all applicable United States Department
of Transportation Federal Highway Administration rules, post a
message that complies with Subdivision (1) on any dynamic message
sign operated by the local authority [political subdivision]
located on a state highway, U.S. highway, or interstate highway in
the jurisdiction of the local authority [political subdivision].
(b-4) The local authority [political subdivision] shall pay
the costs associated with the posting of signs under Subsections
(b-1) and [Subsection] (b-2), unless the authority enters an
agreement providing otherwise.
(d-1) The affirmative defense available in Subsection
(d)(2) is not available for an offense under Subsection (b)
committed in a school crossing zone located in the jurisdiction of a
local authority [a municipality, county, or other political
subdivision] that is in compliance with Subsection (b-2).
SECTION 3. This Act takes effect September 1, 2019.
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