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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 motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 545.425(a)(1), (b), (d), and (e), |
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Transportation Code, are amended to read as follows: |
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(1) "Hands-free device" means speakerphone capability |
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or a telephone attachment or other piece of equipment, regardless |
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of whether permanently installed in the motor vehicle, that allows |
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use of the wireless communication device without use of either of |
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the operator's hands, except to activate or deactivate the |
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hands-free device. |
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(b) Except as provided by Subsection (c), an operator may |
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not use a wireless communication device while operating a motor |
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vehicle [within a school crossing zone, as defined by Section
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541.302, Transportation Code,] unless: |
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(1) the vehicle is stopped; or |
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(2) the wireless communication device is used with a |
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hands-free device. |
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(d) It is an affirmative defense to prosecution of an |
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offense under this section that[:
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[(1)] the wireless communication device was used to |
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make an emergency call to: |
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(1) [(A)] an emergency response service, including a |
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rescue, emergency medical, or hazardous material response service; |
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(2) [(B)] a hospital; |
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(3) [(C)] a fire department; |
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(4) [(D)] a health clinic; |
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(5) [(E)] a medical doctor's office; |
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(6) [(F)] an individual to administer first aid |
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treatment; or |
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(7) [(G)] a law enforcement agency [police
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department; or
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[(2) a sign required by Subsection (b-1) was not
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posted at the entrance to the school crossing zone at the time of an
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offense committed in the school crossing zone]. |
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(e) It is an exception to the application of Subsections (b) |
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and (c) that the operator is [This section does not apply to]: |
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(1) an operator of an authorized emergency vehicle |
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using a wireless communication device while acting in an official |
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capacity; or |
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(2) a person [an operator who is] licensed by the |
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Federal Communications Commission to operate [while operating] a |
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radio frequency device or [other than] a wireless communication |
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device. |
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SECTION 2. Section 545.425(b-1), Transportation Code, is |
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repealed. |
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SECTION 3. 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 4. This Act takes effect January 1, 2012. |