Texas 2023 - 88th Regular

Texas Senate Bill SB41

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the use of a wireless communication device while operating a motor vehicle.

Impact

The implementation of SB41 introduces significant changes to the existing laws governing the use of communication devices while driving. It is characterized by a preemption clause, which means that local governments will not be allowed to enact ordinances that contradict the state law regarding this specific issue. This could lead to a more uniform enforcement of the law across Texas, reducing confusion for drivers regarding various local ordinances that may have existed prior to the bill's passage. By establishing clearer guidelines, the bill seeks to reduce the incidence of accidents related to distracted driving.

Summary

Senate Bill 41, also known as Allie's Way, concerns the use of wireless communication devices while operating a motor vehicle. The bill amends the Texas Transportation Code to prohibit drivers from using portable wireless communication devices for electronic messaging when the vehicle is in motion. The legislation acknowledges the increasing risks posed by distracted driving and aims to enhance road safety by limiting the circumstances under which wireless devices may be used. Notably, it allows exceptions for the use of hands-free devices and emergencies, ensuring that drivers can still contact services in critical situations.

Sentiment

The overall sentiment surrounding SB41 appears to be largely supportive, particularly among advocacy groups focused on road safety. Many view the bill as a necessary step toward reducing distractions for drivers, thereby promoting safer road conditions for all users. However, some contention exists regarding the enforcement angle and concerns over potential overreach in regulating personal behavior while driving. Critics argue that such laws may lead to unnecessary penalties, particularly if not enforced effectively, and emphasize the need for public education on responsible device usage.

Contention

Despite the positive sentiment towards the bill, it has sparked discussions regarding the balance between state regulation and individual freedoms. Opponents argue that while reducing distracted driving is crucial, the bill may infringe upon personal choices regarding communication while driving. Additionally, there is concern that the enforcement of this law might disproportionately affect younger drivers, as the legislation includes stricter rules for drivers under the age of 18. This aspect of the bill raises questions about whether such laws should be tailored differently for various demographics.

Texas Constitutional Statutes Affected

Transportation Code

  • Chapter 543. Arrest And Prosecution Of Violators
    • Section: 004
  • Chapter 545. Operation And Movement Of Vehicles
    • Section: 4251
  • Chapter 361. State Highway Turnpike Projects
    • Section: New Section

Companion Bills

TX HB3155

Identical Relating to the use of a wireless communication device while operating a motor vehicle.

Previously Filed As

TX HB243

Relating to the creation of an offense for certain uses of a wireless communication device while operating a motor vehicle.

TX SB46

Relating to the creation of an offense for certain uses of a wireless communication device while operating a motor vehicle.

TX SB138

Relating to prohibitions on the use of a wireless communication device while operating a motor vehicle.

TX HB2628

Relating to the posting of signs in school crossing zones regarding the prohibited use of a wireless communication device while operating a motor vehicle.

TX HB2157

Relating to prohibitions on the use of a wireless communication device while operating a motor vehicle.

TX HB1267

Relating to a prohibition on certain uses of a wireless communication device while operating a motor vehicle.

TX HB287

Relating to the creation of an offense for certain uses of a wireless communication device while operating a motor vehicle.

TX HB1899

Relating to the posting of signs in school crossing zones regarding the prohibited use of a wireless communication device while operating a motor vehicle.

Similar Bills

AZ HB2636

Wireless facilities; residential neighborhoods; approval

CA AB1222

Vehicles: electronic wireless communications devices.

AZ HB2795

Wireless facilities; residential neighborhoods; approval

CA SB649

Wireless telecommunications facilities.

CA AB2421

Land use: permitting: wireless communications: emergency standby generators.

LA HB379

Provides with respect to the assignment of wireless cell phone numbers to minors

IL HB1503

SM WIRELESS FACILITIES-APP FEE

HI HB2244

Relating To The Hawaii Public Wireless Safety Act.