By: Branch, Menendez, Bolton H.B. No. 55

(Senate Sponsor - Carona)

(In the Senate - Received from the House May 18, 2009; May 19, 2009, read first time and referred to Committee on Transportation and Homeland Security; May 23, 2009, reported favorably, as amended, by the following vote: Yeas 7, Nays 0; May 23, 2009, sent to printer.)

COMMITTEE AMENDMENT NO. 1 By: Wentworth

Amend H.B. No. 55 (engrossed version) in SECTION 1 of the bill as follows:

(1) Strike added Subdivision (2), Subsection (e), Section 545.425, Transportation Code (page 2, lines 24-27), and substitute:

(2) an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.

(2) Strike added Subsection (f), Section 545.425, Transportation Code (page 2, lines 28-29), and substitute:

(f) An offense under this section is a misdemeanor punishable by a fine not to exceed $50.

(3) After added Subsection (f), Section 545.425, Transportation Code (page 2, between lines 31 and 32) insert:

(g) This section preempts all local ordinances, rules, or regulations adopted by a political subdivision of this state relating to the use of a wireless communication device by the operator of a motor vehicle.

A BILL TO BE ENTITLED

AN ACT

relating to an offense of using a wireless communication device while operating a motor vehicle.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 545.425, Transportation Code, is amended to read as follows:

Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE; OFFENSE [BY CERTAIN MOTORISTS]. (a) In this section:

(1) "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 wireless communication device without use of either of the operator's hands.

(2) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. Section 332.

(b) Except as provided by Subsection (c), an operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, as defined by Section 541.302, Transportation Code, unless:

(1) the vehicle is stopped; or

(2) the wireless communication device is used with a hands-free device.

(b-1) A municipality, county, or other political subdivision that enforces this section shall post a sign that complies with the standards described by this subsection at the entrance to each school crossing zone in the municipality, county, or other political subdivision. The department shall adopt standards requiring that a sign required to be posted under this subsection inform an operator that:

(1) the use of a wireless communication device is prohibited in the school crossing zone; and

(2) the operator is subject to the fine described by Subsection (f) if the operator uses a wireless communication device in the school crossing zone.

(c) An operator [A person] may not use a wireless communication device while operating a passenger bus with a minor passenger on the bus unless [except in case of emergency or if] the passenger bus is stopped [not in motion].

(d) It is an affirmative defense to prosecution of an offense under this section that:

(1) the wireless communication device was used to make an emergency call to:

(A) an emergency response service, including a rescue, emergency medical, or hazardous material response service;

(B) a hospital;

(C) a fire department;

(D) a health clinic;

(E) a medical doctor's office;

(F) an individual to administer first aid treatment; or

(G) a police department; or

(2) a sign required by Subsection (b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone.

(e) This section does not apply to:

(1) an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or

(2) an operator who is licensed by the Federal Communications Commission to operate a wireless communication device or a radio frequency device while operating a device of the type that the person is licensed to operate.

(f) An offense under this section is a misdemeanor punishable by a fine of:

(1) not more than $25 for the first offense; and

(2) not more than $50 for each subsequent offense.

SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 3. This Act takes effect September 1, 2009.

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