79R4153 JRJ-D

By:  Moreno of El Paso                                            H.B. No. 1810



A BILL TO BE ENTITLED

AN ACT

relating to the penalty for an offense committed during the 
inattentive operation of a motor vehicle.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 542, Transportation Code, 
is amended by adding Section 542.405 to read as follows:
	Sec. 542.405.  INATTENTIVE DRIVING; FINE FOR OFFENSE.  (a)  
An offense under this subtitle is punishable by a fine that is at 
least twice the minimum fine applicable to the offense and not more 
than twice the maximum fine that is applicable to the offense if the 
person who commits the offense is at the time of the offense 
operating a motor vehicle while:
		(1)  reading;                                                          
		(2)  writing;                                                          
		(3)  performing personal grooming;                                     
		(4)  consuming food or a beverage;                                     
		(5)  interacting with a pet;                                           
		(6)  interacting with a vehicle passenger;                             
		(7)  using a personal communications device; or                        
		(8)  engaging in another activity that prevents the 
operator from safely operating the motor vehicle.
	(b)  For the purposes of this section:                                  
		(1)  "Personal grooming" includes:                                     
			(A)  applying makeup;                                                 
			(B)  shaving;                                                         
			(C)  combing hair; or                                                 
			(D)  attending to another personal hygiene or 
appearance task.      
		(2)  "Personal communications device" includes:                        
			(A)  a radio;                                                         
			(B)  a personal stereo;                                               
			(C)  a compact disc player;                                           
			(D)  an audio or video device;                                        
			(E)  a personal computer;                                             
			(F)  a two-way radio, including a citizen's band 
radio;             
			(G)  a pager;                                                         
			(H)  a telephone;                                                     
			(I)  a wireless messaging device;                                     
			(J)  a facsimile machine;                                             
			(K)  a radar detector;                                                
			(L)  a personal digital assistant;                                    
			(M)  a geographic positioning system receiver; or                     
			(N)  a similar device.                                                
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.