Texas House Bill HB86

Texas 2021 - 87th 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 bill amends existing statutes under the Transportation Code, specifically addressing the authority of local governments to regulate the use of wireless devices while driving. This change centralizes regulatory power at the state level, meaning that local jurisdictions will no longer have the authority to implement stricter regulations than those provided by the state law. It also aims to maintain the ability of local law enforcement to enforce the state laws regarding wireless device usage in their jurisdictions, albeit under a more limited framework.

Summary

House Bill 86 seeks to regulate the use of wireless communication devices while operating a motor vehicle by preempting local authorities' ability to create their own regulations on the matter. This bill combines the enforcement of existing state laws regarding the use of such devices, ensuring a uniform standard across Texas. By doing so, it aims to simplify and enhance the enforcement of these driving laws at the state level, potentially leading to improved road safety and reduced distractions for drivers.

Contention

One notable point of contention regarding HB 86 is the debate over local control versus state authority. Proponents argue that preempting local regulations will lead to clearer enforcement and compliance for drivers across Texas, decreasing the likelihood of confusion that may arise from varying local laws. However, opponents raise concerns that this could undermine local governments' ability to address specific community needs, especially in areas where they feel stricter regulations might be necessary to improve safety. This tension illustrates the broader conversation about the balance of power between state and local governance in Texas.