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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 545.425, 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: |
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(1) "Hands-free device" means speakerphone capability |
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or a telephone attachment or other piece of equipment, regardless |
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of whether permanently installed in the motor vehicle, that allows |
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use of the wireless communication device without use of either of |
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the operator's hands. |
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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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(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 within a school crossing zone 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) an emergency response service, including a rescue, |
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emergency medical, or hazardous material response service; |
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(2) a hospital; |
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(3) a fire department; |
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(4) a health clinic; |
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(5) a medical doctor's office; |
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(6) an individual to administer first aid treatment; |
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or |
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(7) a police department. |
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(e) This section does not apply to: |
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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) an operator who is licensed by the Federal |
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Communications Commission to operate a wireless communication |
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device or a radio frequency device. |
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SECTION 2. 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 3. This Act takes effect September 1, 2009. |