H.B. No. 771
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. Section 545.425, Transportation Code, is amended
by amending Subsections (b-1), (b-2), (b-4), (c), and (d-1) and
adding Subsection (e-1) 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.
(c) An operator may not use a wireless communication device
while operating a school bus or passenger bus with a minor passenger
on the bus unless the [passenger] bus is stopped.
(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).
(e-1) Subsection (c) does not apply to an operator of a
school bus or passenger bus using a wireless communication device:
(1) in the performance of the operator's duties as a
bus driver; and
(2) in a manner similar to using a two-way radio.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 771 was passed by the House on
April
24, 2019, by the following vote: Yeas 146, Nays 0, 2
present, not voting; and that the House concurred in Senate
amendments to H.B. No. 771 on May 23, 2019, by the following
vote: Yeas 132, Nays 4, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 771 was passed by the Senate, with
amendments, on May 20, 2019, by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor