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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an offense for certain uses of a |
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wireless communication device while operating a motor vehicle; |
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providing penalties. |
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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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by amending Subsection (b-1) and adding Subsections (c-1), (c-2), |
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(c-3), and (c-4) to read as follows: |
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(b-1) A municipality, county, or other political |
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subdivision that enforces Subsection (b) [this section] shall post |
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a sign that complies with the standards described by this |
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subsection at the entrance to each school crossing zone in the |
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municipality, county, or other political subdivision. The |
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department shall adopt standards that: |
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(1) allow for a sign required to be posted under this |
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subsection to be attached to an existing sign at a minimal cost; and |
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(2) require that a sign required to be posted under |
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this subsection inform an operator that: |
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(A) the use of a wireless communication device is |
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prohibited in the school crossing zone; and |
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(B) the operator is subject to a fine if the |
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operator uses a wireless communication device in the school |
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crossing zone. |
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(c-1) An operator may not use a wireless communication |
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device to read, write, or send a text-based communication while |
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operating a motor vehicle. |
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(c-2) Except as provided by Subsection (c-3), an offense |
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under Subsection (c-1) is a misdemeanor punishable by a fine of not |
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more than: |
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(1) $100 for the first offense; |
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(2) $150 for a second offense; and |
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(3) $200 for a third or subsequent offense. |
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(c-3) An offense under Subsection (c-1) is a felony: |
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(1) of the third degree if it is shown on the trial of |
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the offense that as a result of the offense an individual suffered |
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serious bodily injury; or |
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(2) of the second degree if it is shown on the trial of |
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the offense that as a result of the offense an individual died. |
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(c-4) It is an affirmative defense to prosecution under |
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Subsection (c-1) that the wireless communication device: |
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(1) is permanently installed in the vehicle; or |
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(2) was used: |
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(A) while the vehicle was stopped; |
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(B) to engage in, dial, or deactivate a telephone |
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call; |
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(C) with a hands-free device; or |
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(D) to report a suspicious or criminal activity |
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to a law enforcement agency. |
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SECTION 2. This Act takes effect September 1, 2011. |