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  81R10046 TRH-D
 
  By: Pierson H.B. No. 1880
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an enhanced penalty for an operator who commits certain
  traffic offenses while using a wireless communication device to
  read, write, or send a text-based communication.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 542, Transportation Code,
  is amended by adding Section 542.407 to read as follows:
         Sec. 542.407.  PENALTY FOR OFFENSE COMMITTED WHILE USING
  WIRELESS COMMUNICATION DEVICE. An offense under this subtitle is
  punishable by a fine that is at least twice the minimum fine
  applicable to the offense and not more than twice the maximum fine
  that is applicable to the offense if the person who commits the
  offense is at the time of the offense operating a motor vehicle
  while using a wireless communication device to read, write, or send
  a text-based communication.
         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
  covered 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 occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2009.