AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law does not restrict the use of Lidar/radar jamming devices.  Different than a traditional radar detector, Lidar/radar jamming devices emit a radio frequency signal that interferes with the operation of police Lidar/radar by saturating its receiver with noise or false information.  This interference may damage police equipment and hinders the ability of police officers to measure the speed of not only the vehicle equipped with the device, but also other speeding vehicles in the vicinity.  These devices are active and not passive like traditional radar detectors.  More than 25 states already have laws that prohibit radar jamming devices.  S.B. 1376 would make the use of radar interference devices, not radar detectors, illegal.

 

As proposed, S.B. 1376 amends current law relating to prohibiting the sale and use of certain radar interference devices and creates an offense.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter K, Chapter 547, Transportation Code, by adding Section 547.616, as follows:

 

Sec.  547.616.  RADAR INTERFERENCE DEVICES; OFFENSE.  (a)  Defines, in this section, "radar interference device."

 

(b)  Prohibits a person, other than a law enforcement officer in the discharge of the officer's official duties, from using, attempting to use, installing, operating, or attempting to operate a radar interference device in a motor vehicle operated by the person.

 

(c)  Prohibits a person from purchasing, selling, or offering for sale a radar interference device to be used in a manner described by Subsection (b).

 

(d)  Provides that a person who violates this section commits an offense.  Provides that an offense under this subsection is a Class C misdemeanor.

 

SECTION 2.  Effective date: September 1, 2011.