Texas 2023 - 88th Regular

Texas Senate Bill SB41 Compare Versions

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1	1	88R2071 JAM-F
2	2	By: Zaffirini S.B. No. 41
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. This Act may be cited as Allie's Way.
11	11	SECTION 2. Section 543.004(a), Transportation Code, is
12	12	amended to read as follows:
13	13	(a) An officer shall issue a written notice to appear if:
14	14	(1) the offense charged is:
15	15	(A) speeding;
16	16	(B) the use of a wireless communication device
17	17	under Section 545.4251 punishable by a fine only; or
18	18	(C) a violation of the open container law,
19	19	Section 49.031, Penal Code; and
20	20	(2) the person makes a written promise to appear in
21	21	court as provided by Section 543.005.
22	22	SECTION 3. The heading to Section 545.4251, Transportation
23	23	Code, is amended to read as follows:
24	24	Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
25	25	DEVICE WHILE OPERATING MOTOR VEHICLE [FOR ELECTRONIC MESSAGING];
26	26	OFFENSE.
27	27	SECTION 4. Section 545.4251, Transportation Code, is
28	28	amended by amending Subsections (a), (b), (c), (d), (h), and (j) and
29	29	adding Subsection (c-1) to read as follows:
30	30	(a) In this section:
31	31	(1) "Hands-free device" means speakerphone
32	32	capability, a telephone attachment, or another function or other
33	33	piece of equipment, regardless of whether permanently installed in
34	34	or on a wireless communication device or in a motor vehicle, that
35	35	allows use of the wireless communication device without use of
36	36	either of the operator's hands, except to activate or deactivate a
37	37	function of the wireless communication device or hands-free device
38	38	with a swipe or tap of the operator's finger. The term includes
39	39	voice-operated technology and a push-to-talk function ["Electronic
40	40	message" means data that is read from or entered into a wireless
41	41	communication device for the purpose of communicating with another
42	42	person].
43	43	(2) "Wireless communication device" means a device
44	44	through which personal wireless services, as defined by 47 U.S.C.
45	45	Section 332(c)(7)(C)(i), are transmitted. The term does not include
46	46	a device that is only a global navigation satellite system receiver
47	47	used for positioning, emergency notification, or navigation
48	48	purposes [has the meaning assigned by Section 545.425].
49	49	(b) An operator commits an offense if the operator uses a
50	50	portable wireless communication device [to read, write, or send an
51	51	electronic message] while operating a motor vehicle unless the
52	52	vehicle is stopped outside a lane of travel. To be prosecuted, the
53	53	behavior must be committed in the presence of or within the view of
54	54	a peace officer or established by other evidence.
55	55	(c) It is an affirmative defense to prosecution of an
56	56	offense under this section that the operator used a portable
57	57	wireless communication device:
58	58	(1) in conjunction with a hands-free device[, as
59	59	defined by Section 545.425];
60	60	(2) to contact emergency services; or
61	61	(3) that was mounted in or on the vehicle solely to
62	62	continuously record or broadcast video inside or outside of the
63	63	vehicle [to navigate using a global positioning system or
64	64	navigation system;
65	65	[(3) to report illegal activity, summon emergency
66	66	help, or enter information into a software application that
67	67	provides information relating to traffic and road conditions to
68	68	users of the application;
69	69	[(4) to read an electronic message that the person
70	70	reasonably believed concerned an emergency;
71	71	[(5) that was permanently or temporarily affixed to
72	72	the vehicle to relay information in the course of the operator's
73	73	occupational duties between the operator and:
74	74	[(A) a dispatcher; or
75	75	[(B) a digital network or software application
76	76	service; or
77	77	[(6) to activate a function that plays music].
78	78	(c-1) The affirmative defense in Subsection (c)(1) is not
79	79	available for an offense under Subsection (b) committed by a person
80	80	under 18 years of age or by a person operating a school bus with a
81	81	minor passenger on the bus.
82	82	(d) Subsection (b) does not apply to:
83	83	(1) an operator of an authorized emergency or law
84	84	enforcement vehicle using a portable wireless communication device
85	85	while acting in an official capacity; or
86	86	(2) an operator of a commercial motor vehicle, other
87	87	than a school bus with a minor passenger on the bus, who uses a
88	88	portable wireless communication device while acting in the scope of
89	89	the operator's employment and the use is allowed under federal
90	90	motor carrier safety regulations, as defined by Section 644.001 [an
91	91	operator who is licensed by the Federal Communications Commission
92	92	while operating a radio frequency device other than a portable
93	93	wireless communication device].
94	94	(h) The Texas Department of Transportation shall post a sign
95	95	at each point at which an interstate highway or United States
96	96	highway enters this state that informs an operator that:
97	97	(1) the use of a portable wireless communication
98	98	device [for electronic messaging] while operating a motor vehicle
99	99	is prohibited in this state; and
100	100	(2) the operator is subject to a fine if the operator
101	101	uses a portable wireless communication device [for electronic
102	102	messaging] while operating a motor vehicle in this state.
103	103	(j) This section preempts all local ordinances, rules, or
104	104	other regulations adopted by a local authority [political
105	105	subdivision] relating to the use of a portable wireless
106	106	communication device by the operator of a motor vehicle [to read,
107	107	write, or send an electronic message].
108	108	SECTION 5. The following provisions of the Transportation
109	109	Code are repealed:
110	110	(1) Sections 545.424(a), (b), (f), and (g);
111	111	(2) Section 545.425; and
112	112	(3) Section 545.4252.
113	113	SECTION 6. The changes in law made by this Act apply only to
114	114	an offense committed on or after the effective date of this Act. An
115	115	offense committed before the effective date of this Act is governed
116	116	by the law in effect on the date the offense was committed, and the
117	117	former law is continued in effect for that purpose. For purposes of
118	118	this section, an offense was committed before the effective date of
119	119	this Act if any element of the offense occurred before that date.
120	120	SECTION 7. This Act takes effect September 1, 2023.