C.S.H.B. 771 78(R)    BILL ANALYSIS


C.S.H.B. 771
By: Giddings
State Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, drivers are not prohibited from using telephones while
operating a school bus. Without a change in the law, using a cell phone
while driving a school bus could possibly endanger the lives of school
children and other motorists on the road.  The purpose of the Committee
Substitute to House Bill 771 is to prohibit the bus driver from using a
cell phone while operating a bus except in certain circumstances.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 771 amends Chapter 545, Subchapter I, of the Transportation Code
to prohibit an operator of a school bus from using a telephone while
operating the school bus except in certain circumstances.  The bill
creates an affirmative defense to prosecution if the telephone is used to
make an emergency call to, or receive a call from, an emergency response
service, a hospital, a fire department, a health clinic, a medical
doctor's office, an individual to administer first aid treatment, a police
department, or a school bus dispatcher or other school district personnel.

EFFECTIVE DATE

September 1, 2003.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B 771 adds a provision to the original bill detailing affirmative
defenses to the prosecution of the offense of using a telephone while
operating a school bus.  C.S.H.B. 771 removes language in the original
bill that using a telephone is acceptable if the school bus is stopped or
there are no passengers on the school bus.