By: Craddick, Martinez Fischer, Brown, Cook, H.B. No. 243

Menendez, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the creation of an offense for certain uses of a wireless communication device while operating a motor vehicle.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Alex Brown Memorial Act.

SECTION 2. Section 545.425(a), Transportation Code, is amended by adding Subdivision (1-a) to read as follows:

(1-a) "Text-based communication" means a communication sent from a wireless communication device for the purpose of manually communicating with another person in a written medium. The term does not include a text-based communication that is voice-activated and displayed in a manner that allows the driver to view the material on the dashboard or above the steering wheel. The term includes:

(A) a text message;

(B) an instant message; and

(C) e-mail.

SECTION 3. Section 545.425, Transportation Code, is amended by amending Subsection (b-1) and adding Subsection (c-1) to read as follows:

(b-1) A municipality, county, or other political subdivision that enforces Subsection (b) [this section] shall post a sign that complies with the standards described by this subsection at the entrance to each school crossing zone in the municipality, county, or other political subdivision. The department shall adopt standards that:

(1) allow for a sign required to be posted under this subsection to be attached to an existing sign at a minimal cost; and

(2) require that a sign required to be posted under this subsection inform an operator that:

(A) the use of a wireless communication device is prohibited in the school crossing zone; and

(B) the operator is subject to a fine if the operator uses a wireless communication device in the school crossing zone.

(c-1) An operator may not use a wireless communication device to write or send a text-based communication while operating a motor vehicle unless the vehicle is stopped.

SECTION 4. This Act takes effect September 1, 2011.