87R1684 JXC-F
By: Swanson H.B. No. 86
A BILL TO BE ENTITLED
AN ACT
relating to the preemption and prosecution of certain offenses
involving the use of a wireless communication device while
operating a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 542, Transportation Code,
is amended by adding Section 542.2034 to read as follows:
Sec. 542.2034. PREEMPTION OF LOCAL AUTHORITIES' REGULATION
OF USE OF WIRELESS COMMUNICATION DEVICE. (a) In this section,
"wireless communication device" has the meaning assigned by Section
545.425.
(b) The authority of a local authority to regulate or
prohibit the use of a wireless communication device while operating
a motor vehicle is preempted by this code, including by Sections
545.424, 545.425, 545.4251, and 545.4252.
(c) This section does not affect the authority of a local
authority's peace officers to enforce the laws of this state
relating to the use of a wireless communication device while
operating a motor vehicle.
SECTION 2. Sections 545.425(b-1) and (b-4), Transportation
Code, are amended to read as follows:
(b-1) A [Except as provided by Subsection (b-2), a] local
authority whose peace officers enforce [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 entrance to the school crossing zone. The Texas
Department of Transportation 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-4) The local authority shall pay the costs associated
with the posting of signs under Subsection [Subsections] (b-1) [and
(b-2)], unless the authority enters an agreement providing
otherwise.
SECTION 3. Sections 545.425(b-2), (b-3), (d-1), and (f),
545.4251(g) and (j), and 545.4252(e), Transportation Code, are
repealed.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.