Texas 2019 - 86th Regular

Texas House Bill HB771 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 771
	1	+	By: Davis of Harris (Senate Sponsor - Zaffirini) H.B. No. 771
	2	+	(In the Senate - Received from the House April 24, 2019;
	3	+	May 13, 2019, read first time and referred to Committee on
	4	+	Transportation; May 17, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the placement of warning signs in areas where the use of
6	12		a wireless communication device is prohibited.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. The heading to Section 545.425, Transportation
9	15		Code, is amended to read as follows:
10	16		Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE IN A
11		-	SCHOOL CROSSING ZONE OR WHILE OPERATING A [SCHOOL] BUS WITH A MINOR
	17	+	SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR
12	18		PASSENGER; LOCAL AUTHORITY [POLITICAL SUBDIVISION] SIGN
13	19		REQUIREMENTS; OFFENSE.
14		-	SECTION 2. Section 545.425, Transportation Code, is amended
15		-	by amending Subsections (b-1), (b-2), (b-4), (c), and (d-1) and
16		-	adding Subsection (e-1) to read as follows:
	20	+	SECTION 2. Sections 545.425(b-1), (b-2), (b-4), and (d-1),
	21	+	Transportation Code, are amended to read as follows:
17	22		(b-1) Except as provided by Subsection (b-2), a local
18	23		authority [a municipality, county, or other political subdivision]
19	24		that enforces this section in a school crossing zone in the local
20	25		authority's jurisdiction shall post a sign, or approve the posting
21	26		of a sign by a school or school district, that complies with the
22	27		standards described by this subsection at each [the] entrance to
23	28		the [each] school crossing zone [in the municipality, county, or
24	29		other political subdivision]. The Texas Department of
25	30		Transportation [department] shall adopt standards that:
26	31		(1) allow for a sign required to be posted under this
27	32		subsection to be attached to an existing sign at a minimal cost; and
28	33		(2) require that a sign required to be posted under
29	34		this subsection inform an operator that:
30	35		(A) the use of a wireless communication device is
31	36		prohibited in the school crossing zone; and
32	37		(B) the operator is subject to a fine if the
33	38		operator uses a wireless communication device in the school
34	39		crossing zone.
35	40		(b-2) A local authority [municipality, county, or other
36	41		political subdivision] that by ordinance or rule prohibits the use
37	42		of a wireless communication device while operating a motor vehicle,
38	43		including a prohibition that contains an exception for the use of a
39	44		wireless communication device with a hands-free device, throughout
40	45		the jurisdiction of the local authority [political subdivision] is
41	46		not required to post a sign as required by Subsection (b-1) and
42	47		shall:
43	48		(1) post signs that are located at each point at which
44	49		a state highway, U.S. highway, or interstate highway enters the
45	50		jurisdiction of the local authority [political subdivision] and
46	51		that state:
47	52		(A) that an operator is prohibited from using a
48	53		wireless communication device while operating a motor vehicle in
49	54		the jurisdiction of the local authority [political subdivision],
50	55		and whether use of a wireless communication device with a
51	56		hands-free device is allowed in the jurisdiction of the local
52	57		authority [political subdivision]; and
53	58		(B) that the operator is subject to a fine if the
54	59		operator uses a wireless communication device while operating a
55	60		motor vehicle in the jurisdiction of the local authority [political
56	61		subdivision]; and
57	62		(2) subject to all applicable United States Department
58	63		of Transportation Federal Highway Administration rules, post a
59	64		message that complies with Subdivision (1) on any dynamic message
60	65		sign operated by the local authority [political subdivision]
61	66		located on a state highway, U.S. highway, or interstate highway in
62	67		the jurisdiction of the local authority [political subdivision].
63	68		(b-4) The local authority [political subdivision] shall pay
64	69		the costs associated with the posting of signs under Subsections
65	70		(b-1) and [Subsection] (b-2), unless the authority enters an
66	71		agreement providing otherwise.
67		-	(c) An operator may not use a wireless communication device
68		-	while operating a school bus or passenger bus with a minor passenger
69		-	on the bus unless the [passenger] bus is stopped.
70	72		(d-1) The affirmative defense available in Subsection
71	73		(d)(2) is not available for an offense under Subsection (b)
72	74		committed in a school crossing zone located in the jurisdiction of a
73	75		local authority [a municipality, county, or other political
74	76		subdivision] that is in compliance with Subsection (b-2).
75		-	(e-1) Subsection (c) does not apply to an operator of a
76		-	school bus or passenger bus using a wireless communication device:
77		-	(1) in the performance of the operator's duties as a
78		-	bus driver; and
79		-	(2) in a manner similar to using a two-way radio.
80	77		SECTION 3. This Act takes effect September 1, 2019.
81		-	______________________________ ______________________________
82		-	President of the Senate Speaker of the House
83		-	I certify that H.B. No. 771 was passed by the House on
84		-	April
85		-	24, 2019, by the following vote: Yeas 146, Nays 0, 2
86		-	present, not voting; and that the House concurred in Senate
87		-	amendments to H.B. No. 771 on May 23, 2019, by the following
88		-	vote: Yeas 132, Nays 4, 1 present, not voting.
89		-	______________________________
90		-	Chief Clerk of the House
91		-	I certify that H.B. No. 771 was passed by the Senate, with
92		-	amendments, on May 20, 2019, by the following vote: Yeas 31,
93		-	Nays 0.
94		-	______________________________
95		-	Secretary of the Senate
96		-	APPROVED: __________________
97		-	Date
98		-	__________________
99		-	Governor
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