79R2334 JRJ-D

By:  Wentworth                                                    S.B. No. 146



A BILL TO BE ENTITLED

AN ACT

relating to an offense of using a telephone while operating a motor 
vehicle.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter I, Chapter 545, Transportation Code, 
is amended by adding Section 545.425 to read as follows:
	Sec. 545.425.  USE OF TELEPHONE; OFFENSE.  (a)  In this 
section, "hands-free device" means speakerphone capability or a 
telephone attachment or other piece of equipment, regardless of 
whether permanently installed in the motor vehicle, that allows use 
of the telephone without use of either of the operator's hands.
	(b)  An operator of a motor vehicle may not use a telephone 
unless:   
		(1)  the vehicle is stopped; or                                        
		(2)  the telephone is used with a hands-free device.                   
	(c)  It is an affirmative defense to prosecution of an 
offense under this section that the telephone was used to make an 
emergency call to:
		(1)  a 9-1-1 emergency service;                                        
		(2)  a hospital;                                                       
		(3)  an emergency ambulance service;                                   
		(4)  a fire department;                                                
		(5)  a health clinic;                                                  
		(6)  a medical doctor's office;                                        
		(7)  an individual to administer first aid treatment; 
or             
		(8)  a police department.                                              
	(d)  It is an exception to the application of this section 
that the operator is an operator of an authorized emergency vehicle 
using a telephone while acting in an official capacity.
	SECTION 2.   This Act takes effect January 1, 2006.