Texas 2025 - 89th Regular

Texas Senate Bill SB47 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R295 JAM-D
2	2	By: Zaffirini S.B. No. 47
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of a wireless communication device while
10	10	operating a motor vehicle.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as Allie's Way.
13	13	SECTION 2. Section 543.004(a), Transportation Code, is
14	14	amended to read as follows:
15	15	(a) An officer shall issue a written notice to appear if:
16	16	(1) the offense charged is:
17	17	(A) speeding;
18	18	(B) the use of a wireless communication device
19	19	under Section 545.4251 punishable by a fine only; or
20	20	(C) a violation of the open container law,
21	21	Section 49.031, Penal Code; and
22	22	(2) the person makes a written promise to appear in
23	23	court as provided by Section 543.005.
24	24	SECTION 3. The heading to Section 545.4251, Transportation
25	25	Code, is amended to read as follows:
26	26	Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION
27	27	DEVICE WHILE OPERATING MOTOR VEHICLE [FOR ELECTRONIC MESSAGING];
28	28	OFFENSE.
29	29	SECTION 4. Section 545.4251, Transportation Code, is
30	30	amended by amending Subsections (a), (b), (c), (d), (h), and (j) and
31	31	adding Subsection (c-1) to read as follows:
32	32	(a) In this section:
33	33	(1) "Hands-free device" means speakerphone
34	34	capability, a telephone attachment, or another function or other
35	35	piece of equipment, regardless of whether permanently installed in
36	36	or on a wireless communication device or in a motor vehicle, that
37	37	allows use of the wireless communication device without use of
38	38	either of the operator's hands, except to activate or deactivate a
39	39	function of the wireless communication device or hands-free device
40	40	with a swipe or tap of the operator's finger. The term includes
41	41	voice-operated technology and a push-to-talk function ["Electronic
42	42	message" means data that is read from or entered into a wireless
43	43	communication device for the purpose of communicating with another
44	44	person].
45	45	(2) "Wireless communication device" means a device
46	46	through which personal wireless services, as defined by 47 U.S.C.
47	47	Section 332(c)(7)(C)(i), are transmitted. The term does not include
48	48	a device that is only a global navigation satellite system receiver
49	49	used for positioning, emergency notification, or navigation
50	50	purposes [has the meaning assigned by Section 545.425].
51	51	(b) An operator commits an offense if the operator uses a
52	52	portable wireless communication device [to read, write, or send an
53	53	electronic message] while operating a motor vehicle unless the
54	54	vehicle is stopped outside a lane of travel. To be prosecuted, the
55	55	behavior must be committed in the presence of or within the view of
56	56	a peace officer or established by other evidence.
57	57	(c) It is an affirmative defense to prosecution of an
58	58	offense under this section that the operator used a portable
59	59	wireless communication device:
60	60	(1) in conjunction with a hands-free device[, as
61	61	defined by Section 545.425];
62	62	(2) to contact emergency services; or
63	63	(3) that was mounted in or on the vehicle solely to
64	64	continuously record or broadcast video inside or outside of the
65	65	vehicle [to navigate using a global positioning system or
66	66	navigation system;
67	67	[(3) to report illegal activity, summon emergency
68	68	help, or enter information into a software application that
69	69	provides information relating to traffic and road conditions to
70	70	users of the application;
71	71	[(4) to read an electronic message that the person
72	72	reasonably believed concerned an emergency;
73	73	[(5) that was permanently or temporarily affixed to
74	74	the vehicle to relay information in the course of the operator's
75	75	occupational duties between the operator and:
76	76	[(A) a dispatcher; or
77	77	[(B) a digital network or software application
78	78	service; or
79	79	[(6) to activate a function that plays music].
80	80	(c-1) The affirmative defense in Subsection (c)(1) is not
81	81	available for an offense under Subsection (b) committed by a person
82	82	under 18 years of age or by a person operating a school bus with a
83	83	minor passenger on the bus.
84	84	(d) Subsection (b) does not apply to:
85	85	(1) an operator of an authorized emergency or law
86	86	enforcement vehicle using a portable wireless communication device
87	87	while acting in an official capacity; or
88	88	(2) an operator of a commercial motor vehicle, other
89	89	than a school bus with a minor passenger on the bus, who uses a
90	90	portable wireless communication device while acting in the scope of
91	91	the operator's employment and the use is allowed under federal
92	92	motor carrier safety regulations, as defined by Section 644.001 [an
93	93	operator who is licensed by the Federal Communications Commission
94	94	while operating a radio frequency device other than a portable
95	95	wireless communication device].
96	96	(h) The Texas Department of Transportation shall post a sign
97	97	at each point at which an interstate highway or United States
98	98	highway enters this state that informs an operator that:
99	99	(1) the use of a portable wireless communication
100	100	device [for electronic messaging] while operating a motor vehicle
101	101	is prohibited in this state; and
102	102	(2) the operator is subject to a fine if the operator
103	103	uses a portable wireless communication device [for electronic
104	104	messaging] while operating a motor vehicle in this state.
105	105	(j) This section preempts all local ordinances, rules, or
106	106	other regulations adopted by a local authority [political
107	107	subdivision] relating to the use of a portable wireless
108	108	communication device by the operator of a motor vehicle [to read,
109	109	write, or send an electronic message].
110	110	SECTION 5. The following provisions of the Transportation
111	111	Code are repealed:
112	112	(1) Sections 545.424(a), (b), (f), and (g);
113	113	(2) Section 545.425; and
114	114	(3) Section 545.4252.
115	115	SECTION 6. The changes in law made by this Act apply only to
116	116	an offense committed on or after the effective date of this Act. An
117	117	offense committed before the effective date of this Act is governed
118	118	by the law in effect on the date the offense was committed, and the
119	119	former law is continued in effect for that purpose. For purposes of
120	120	this section, an offense was committed before the effective date of
121	121	this Act if any element of the offense occurred before that date.
122	122	SECTION 7. This Act takes effect September 1, 2025.