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A BILL TO BE ENTITLED
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AN ACT
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relating to an enhanced penalty for an operator who commits certain |
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traffic offenses while using a wireless communication device. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 542, Transportation Code, |
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is amended by adding Section 542.407 to read as follows: |
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Sec. 542.407. PENALTY FOR OFFENSE COMMITTED WHILE USING |
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WIRELESS COMMUNICATION DEVICE. (a) In this section, "hands-free |
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device" means speakerphone capability or a telephone attachment or |
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other piece of equipment, regardless of whether permanently |
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installed in the motor vehicle, that allows use of the wireless |
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communication device without use of either of the operator's hands. |
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(b) An offense under this subtitle is punishable by a fine |
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that is at least twice the minimum fine applicable to the offense |
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and not more than twice the maximum fine that is applicable to the |
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offense if the person who commits the offense is at the time of the |
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offense operating a motor vehicle while using a wireless |
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communication device without the use of a hands-free 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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |