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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions on the use of a wireless communication |
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device while operating a commercial 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, "hands-free device" |
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means speakerphone capability or a telephone attachment or other |
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piece of equipment, regardless of whether permanently installed in |
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the motor vehicle, that allows use of the wireless communication |
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device without use of either of the operator's hands. |
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(b) Except as provided by Subsection (c), an operator of a |
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commercial motor vehicle, as defined by Section 522.003, may not |
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use a wireless communication device while operating the vehicle |
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unless: |
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(1) the vehicle is stopped; |
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(2) the wireless communication device is used with a |
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hands-free device; or |
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(3) the wireless communication device is used as part |
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of a digital dispatch system or global positioning satellite |
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location system. |
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(c) An operator [A person] may not use a wireless |
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communication device while operating a passenger bus with a minor |
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passenger on the bus unless [except in case of emergency or if] the |
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passenger bus is stopped [not in motion]. |
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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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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. |