By:  Lucio                                                        S.B. No. 1775


A BILL TO BE ENTITLED

AN ACT

relating to an offense of using a telephone while operating a motor 
vehicle in a school crossing zone.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter I, Chapter 545, Transportation Code, 
is amended by adding Section 545.426 to read as follows:
	Sec. 545.426.  USE OF TELEPHONE; OFFENSE.  (a)  An operator 
may not use a telephone while operating a motor vehicle within a 
school crossing zone unless the vehicle is stopped.
	(b)  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)  an emergency response service, including a rescue, 
emergency medical, or hazardous material response service;
		(2)  a hospital;                                                       
		(3)  a fire department;                                                
		(4)  a health clinic;                                                  
		(5)  a medical doctor's office;                                        
		(6)  an individual to administer first aid treatment; 
or             
		(7)  a police department.                                              
	(c)  This section does not apply to an operator of an 
authorized emergency vehicle using a telephone while acting in an 
official capacity.
	(d)  An offense under this section is a misdemeanor 
punishable by a fine of not less than $125 or more than $200.
	(e)  Notwithstanding Section 542.402(a), a municipality or 
county, at the end of the municipality's or county's fiscal year, 
shall send to the comptroller an amount equal to 50 percent of the 
fines collected by the municipality or the county for violations of 
this section.  The comptroller shall deposit the amount received to 
the credit of the foundation school fund.
	SECTION 2.  This Act takes effect September 1, 2005.