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A BILL TO BE ENTITLED
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AN ACT
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relating to an offense of using a wireless communication device |
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while operating a motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 545.001. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Pass"[, "pass"] or "passing" used in reference to |
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a vehicle means to overtake and proceed past another vehicle moving |
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in the same direction as the passing vehicle or to attempt that |
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maneuver. |
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(2) "Wireless communication device" means a device |
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that uses a commercial mobile service, as defined by 47 U.S.C. |
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Section 332. |
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SECTION 2. Section 545.425, Transportation Code, is amended |
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to read as follows: |
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Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE; OFFENSE |
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[BY CERTAIN MOTORISTS]. (a) In this section, "hands-free device" |
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means speakerphone capability or a telephone attachment or other |
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piece of equipment, regardless of whether permanently installed in |
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the motor vehicle, that allows use of the wireless communication |
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device without use of either of the operator's hands, except to |
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activate or deactivate the hands-free device. |
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(b) Except as provided by Subsection (c), an operator may |
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not use a wireless communication device while operating a motor |
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vehicle unless: |
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(1) the vehicle is stopped; or |
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(2) the wireless communication device is used with a |
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hands-free device. |
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(c) An operator [A person] may not use a wireless |
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communication device while operating a passenger bus with a minor |
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passenger on the bus unless [except in case of emergency or if] the |
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passenger bus is stopped [not in motion]. |
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(d) It is an affirmative defense to prosecution of an |
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offense under this section that the wireless communication device |
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was used to make an emergency call to: |
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(1) a 9-1-1 emergency service; |
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(2) a hospital; |
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(3) an emergency ambulance service; |
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(4) a fire department; |
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(5) a health clinic; |
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(6) a medical doctor's office; |
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(7) an individual to administer first aid treatment; |
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or |
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(8) a police department. |
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(e) It is an exception to the application of this section |
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that the operator is: |
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(1) an operator of an authorized emergency vehicle |
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using a wireless communication device while acting in an official |
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capacity; or |
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(2) a person licensed by the Federal Communications |
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Commission to operate a wireless communication device or a radio |
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communication device. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect January 1, 2008. |
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* * * * * |