| 1 | 1 | | 87R1684 JXC-F |
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| 2 | 2 | | By: Swanson H.B. No. 86 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the preemption and prosecution of certain offenses |
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| 8 | 8 | | involving the use of a wireless communication device while |
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| 9 | 9 | | operating a motor vehicle. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 542, Transportation Code, |
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| 12 | 12 | | is amended by adding Section 542.2034 to read as follows: |
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| 13 | 13 | | Sec. 542.2034. PREEMPTION OF LOCAL AUTHORITIES' REGULATION |
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| 14 | 14 | | OF USE OF WIRELESS COMMUNICATION DEVICE. (a) In this section, |
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| 15 | 15 | | "wireless communication device" has the meaning assigned by Section |
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| 16 | 16 | | 545.425. |
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| 17 | 17 | | (b) The authority of a local authority to regulate or |
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| 18 | 18 | | prohibit the use of a wireless communication device while operating |
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| 19 | 19 | | a motor vehicle is preempted by this code, including by Sections |
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| 20 | 20 | | 545.424, 545.425, 545.4251, and 545.4252. |
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| 21 | 21 | | (c) This section does not affect the authority of a local |
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| 22 | 22 | | authority's peace officers to enforce the laws of this state |
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| 23 | 23 | | relating to the use of a wireless communication device while |
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| 24 | 24 | | operating a motor vehicle. |
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| 25 | 25 | | SECTION 2. Sections 545.425(b-1) and (b-4), Transportation |
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| 26 | 26 | | Code, are amended to read as follows: |
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| 27 | 27 | | (b-1) A [Except as provided by Subsection (b-2), a] local |
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| 28 | 28 | | authority whose peace officers enforce [that enforces] this section |
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| 29 | 29 | | in a school crossing zone in the local authority's jurisdiction |
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| 30 | 30 | | shall post a sign, or approve the posting of a sign by a school or |
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| 31 | 31 | | school district, that complies with the standards described by this |
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| 32 | 32 | | subsection at each entrance to the school crossing zone. The Texas |
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| 33 | 33 | | Department of Transportation shall adopt standards that: |
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| 34 | 34 | | (1) allow for a sign required to be posted under this |
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| 35 | 35 | | subsection to be attached to an existing sign at a minimal cost; and |
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| 36 | 36 | | (2) require that a sign required to be posted under |
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| 37 | 37 | | this subsection inform an operator that: |
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| 38 | 38 | | (A) the use of a wireless communication device is |
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| 39 | 39 | | prohibited in the school crossing zone; and |
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| 40 | 40 | | (B) the operator is subject to a fine if the |
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| 41 | 41 | | operator uses a wireless communication device in the school |
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| 42 | 42 | | crossing zone. |
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| 43 | 43 | | (b-4) The local authority shall pay the costs associated |
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| 44 | 44 | | with the posting of signs under Subsection [Subsections] (b-1) [and |
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| 45 | 45 | | (b-2)], unless the authority enters an agreement providing |
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| 46 | 46 | | otherwise. |
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| 47 | 47 | | SECTION 3. Sections 545.425(b-2), (b-3), (d-1), and (f), |
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| 48 | 48 | | 545.4251(g) and (j), and 545.4252(e), Transportation Code, are |
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| 49 | 49 | | repealed. |
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| 50 | 50 | | SECTION 4. The change in law made by this Act applies only |
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| 51 | 51 | | to an offense committed on or after the effective date of this Act. |
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| 52 | 52 | | An offense committed before the effective date of this Act is |
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| 53 | 53 | | governed by the law in effect on the date the offense was committed, |
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| 54 | 54 | | and the former law is continued in effect for that purpose. For |
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| 55 | 55 | | purposes of this section, an offense was committed before the |
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| 56 | 56 | | effective date of this Act if any element of the offense occurred |
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| 57 | 57 | | before that date. |
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| 58 | 58 | | SECTION 5. This Act takes effect immediately if it receives |
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| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 62 | | Act takes effect September 1, 2021. |
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