81R2421 TRH-D
 
  By: Lucio III H.B. No. 438
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of an offense for certain uses of 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 [BY
  CERTAIN MOTORISTS]. (a)  An operator [A person] may not use a
  wireless communication device while operating a passenger bus with
  a minor passenger on the bus except in case of emergency or if the
  passenger bus is stopped [not in motion].
         (b)  An operator may not use a wireless communication device
  to read, write, or send a text-based communication while operating
  a motor vehicle unless the vehicle is stopped.  This subsection does
  not apply if:
               (1)  the operator is a peace officer or an emergency
  response provider; and
               (2)  the use of the wireless communication device is in
  connection with official duties.
         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.