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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition on the use of a wireless communication |
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device 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 [BY
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CERTAIN MOTORISTS]. (a) In this section, "wireless communication |
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device" means a hand-held or hands-free device that uses commercial |
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mobile service, as defined by 47 U.S.C. Section 332. |
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(b) Unless the vehicle is stopped, an operator [A person] |
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may not use a wireless communication device while operating a motor |
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vehicle [passenger bus with a minor passenger on the bus except in
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case of emergency or if the passenger bus is not in motion]. |
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(c) It is an affirmative defense to prosecution under this |
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section that the wireless communication device was used to make an |
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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 law enforcement agency. |
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(d) This section does not apply if: |
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(1) the operator is a peace officer or an emergency |
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response provider; and |
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(2) the use of the wireless communication device is in |
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connection with official duties. |
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(e) An offense under this section is a misdemeanor |
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punishable by a fine of not less than $25 or more than $200. |
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(f) Notwithstanding Section 542.402(a), a municipality or |
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county, at the end of the municipality's or county's fiscal year, |
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shall send to the comptroller an amount equal to 50 percent of the |
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fines collected by the municipality or the county for violations of |
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this section. |
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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. |