Texas 2019 - 86th Regular

Texas Senate Bill SB43 Compare Versions

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

Old	New	Differences
1	1	86R1921 JXC-D
2	2	By: Zaffirini S.B. No. 43
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of a wireless communication device while
8	8	operating a motor vehicle.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 543.004(a), Transportation Code, is
11	11	amended to read as follows:
12	12	(a) An officer shall issue a written notice to appear if:
13	13	(1) the offense charged is:
14	14	(A) speeding;
15	15	(B) the use of a wireless communication device
16	16	under Section 545.4251 punishable by a fine only; or
17	17	(C) a violation of the open container law,
18	18	Section 49.031, Penal Code; and
19	19	(2) the person makes a written promise to appear in
20	20	court as provided by Section 543.005.
21	21	SECTION 2. The heading to Section 545.4251, Transportation
22	22	Code, is amended to read as follows:
23	23	Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
24	24	DEVICE WHILE OPERATING MOTOR VEHICLE [FOR ELECTRONIC MESSAGING];
25	25	OFFENSE.
26	26	SECTION 3. Section 545.4251, Transportation Code, is
27	27	amended by amending Subsections (a), (b), (c), (d), (h), and (j) and
28	28	adding Subsection (c-1) to read as follows:
29	29	(a) In this section:
30	30	(1) "Hands-free device" means speakerphone
31	31	capability, a telephone attachment, or another function or other
32	32	piece of equipment, regardless of whether permanently installed in
33	33	or on a wireless communication device or in a motor vehicle, that
34	34	allows use of the wireless communication device without use of
35	35	either of the operator's hands, except to activate or deactivate a
36	36	function of the wireless communication device or hands-free device.
37	37	The term includes voice-operated technology and a push-to-talk
38	38	function ["Electronic message" means data that is read from or
39	39	entered into a wireless communication device for the purpose of
40	40	communicating with another person].
41	41	(2) "Wireless communication device" means a device
42	42	through which personal wireless services, as defined by 47 U.S.C.
43	43	Section 332(c)(7)(C)(i), are transmitted. The term does not include
44	44	a device that is only a global navigation satellite system receiver
45	45	used for positioning, emergency notification, or navigation
46	46	purposes [has the meaning assigned by Section 545.425].
47	47	(b) An operator commits an offense if the operator uses a
48	48	portable wireless communication device [to read, write, or send an
49	49	electronic message] while operating a motor vehicle unless the
50	50	vehicle is stopped outside a lane of travel. To be prosecuted, the
51	51	behavior must be committed in the presence of or within the view of
52	52	a peace officer or established by other evidence.
53	53	(c) It is an affirmative defense to prosecution of an
54	54	offense under this section that the operator used a portable
55	55	wireless communication device:
56	56	(1) in conjunction with a hands-free device[, as
57	57	defined by Section 545.425];
58	58	(2) to contact emergency services; or
59	59	(3) that was mounted in or on the vehicle solely to
60	60	continuously record or broadcast video inside or outside of the
61	61	vehicle [to navigate using a global positioning system or
62	62	navigation system;
63	63	[(3) to report illegal activity, summon emergency
64	64	help, or enter information into a software application that
65	65	provides information relating to traffic and road conditions to
66	66	users of the application;
67	67	[(4) to read an electronic message that the person
68	68	reasonably believed concerned an emergency;
69	69	[(5) that was permanently or temporarily affixed to
70	70	the vehicle to relay information in the course of the operator's
71	71	occupational duties between the operator and:
72	72	[(A) a dispatcher; or
73	73	[(B) a digital network or software application
74	74	service; or
75	75	[(6) to activate a function that plays music].
76	76	(c-1) The affirmative defense in Subsection (c)(1) is not
77	77	available for an offense under Subsection (b) committed by a person
78	78	under 18 years of age or by a person operating a school bus with a
79	79	minor passenger on the bus.
80	80	(d) Subsection (b) does not apply to:
81	81	(1) an operator of an authorized emergency or law
82	82	enforcement vehicle using a portable wireless communication device
83	83	while acting in an official capacity; or
84	84	(2) an operator of a commercial motor vehicle, other
85	85	than a school bus with a minor passenger on the bus, who uses a
86	86	portable wireless communication device while acting in the scope of
87	87	the operator's employment and the use is allowed under federal
88	88	motor carrier safety regulations, as defined by Section 644.001 [an
89	89	operator who is licensed by the Federal Communications Commission
90	90	while operating a radio frequency device other than a portable
91	91	wireless communication device].
92	92	(h) The Texas Department of Transportation shall post a sign
93	93	at each point at which an interstate highway or United States
94	94	highway enters this state that informs an operator that:
95	95	(1) the use of a portable wireless communication
96	96	device [for electronic messaging] while operating a motor vehicle
97	97	is prohibited in this state; and
98	98	(2) the operator is subject to a fine if the operator
99	99	uses a portable wireless communication device [for electronic
100	100	messaging] while operating a motor vehicle in this state.
101	101	(j) This section preempts all local ordinances, rules, or
102	102	other regulations adopted by a local authority [political
103	103	subdivision] relating to the use of a portable wireless
104	104	communication device by the operator of a motor vehicle [to read,
105	105	write, or send an electronic message].
106	106	SECTION 4. Section 708.052(e-1), Transportation Code, is
107	107	amended to read as follows:
108	108	(e-1) Notwithstanding Subsection (b), the department may
109	109	not assign points to a person's license if the offense of which the
110	110	person was convicted is the offense of using a portable wireless
111	111	communication device [for electronic messaging] as described by
112	112	Section 545.4251.
113	113	SECTION 5. Sections 545.424(a), (b), (f), and (g), 545.425,
114	114	and 545.4252, Transportation Code, are repealed.
115	115	SECTION 6. The changes in law made by this Act apply only to
116	116	an offense committed on or after the effective date of this Act. An
117	117	offense committed before the effective date of this Act is governed
118	118	by the law in effect on the date the offense was committed, and the
119	119	former law is continued in effect for that purpose. For purposes of
120	120	this section, an offense was committed before the effective date of
121	121	this Act if any element of the offense occurred before that date.
122	122	SECTION 7. This Act takes effect September 1, 2019.