By: Craddick, Cook, Lucio III, Harless, H.B. No. 63

Menendez, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the creation of an offense for use of a handheld wireless communication device for text-based communication 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 545.424, Transportation Code, is amended by adding Subsection (g) to read as follows:

(g) An offense under Subsection (a) or (b) is a misdemeanor punishable by a fine of not more than $100 unless it is shown on the trial of the offense that the defendant has been previously convicted at least one time of an offense under this section, in which event the offense is punishable by a fine of not more than $200.

SECTION 3. The heading to Section 545.425, Transportation Code, is amended to read as follows:

Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE GENERALLY; OFFENSE.

SECTION 4. Section 545.425(a)(1), Transportation Code, is amended to read as follows:

(1) "Hands-free device" means speakerphone capability, [or] a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a [the] motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands, except to activate or deactivate a function of the wireless communication device or hands-free device.

SECTION 5. Subchapter I, Chapter 545, Transportation Code, is amended by adding Section 545.4251 to read as follows:

Sec. 545.4251. USE OF WIRELESS COMMUNICATION DEVICE TO SEND TEXT-BASED COMMUNICATIONS; OFFENSE. (a) In this section:

(1) "Handheld wireless communication device" means a wireless communication device, as defined by Section 545.425, that is portable.

(2) "Text-based communication" means a communication that is designed or intended to be composed with at least one hand on a handheld wireless communication device and that is transmitted between wireless communication devices for the purpose of manually communicating in a nonspoken manner with another person in a written medium. The term includes:

(A) a text message;

(B) an instant message;

(C) an e-mail; or

(D) another type of electronic message.

(b) An operator commits an offense if the operator uses a handheld wireless communication device to read, write, or send a text-based communication while operating a motor vehicle unless the vehicle is stopped.

(c) It is a defense to prosecution under Subsection (b) that:

(1) the operator used a handheld wireless communication device:

(A) to read, select, or enter a telephone number or name for the purpose of making a telephone call;

(B) in conjunction with voice-operated technology, a push-to-talk function, or a hands-free device, as defined by Section 545.425;

(C) to navigate using a global positioning system or navigation service;

(D) to report illegal activity or summon emergency help; or

(E) to read a text-based communication:

(i) that the person reasonably believes concerns an emergency; or

(ii) that concerns an emergency regardless of the person's belief; or

(2) the handheld wireless communication device:

(A) was used by the operator to relay information between the operator and a dispatcher in the course of the operator's occupational duties; and

(B) was affixed to the vehicle.

(d) Subsection (b) does not apply to:

(1) an operator of an authorized emergency or law enforcement vehicle using a wireless communication device while acting in an official capacity; or

(2) an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a handheld wireless communication device.

(e) This section preempts all local ordinances, rules, or regulations adopted by a political subdivision of this state relating to using a wireless communication device while operating a motor vehicle.

(e-1) Subsection (e) does not apply to a local ordinance, rule, or regulation adopted by a political subdivision of this state before September 1, 2011.

(f) An offense under this section is a misdemeanor punishable by a fine of not more than $100 unless it is shown on the trial of the offense that the defendant has been previously convicted at least one time of an offense under this section, in which event the offense is punishable by a fine of not more than $200.

(g) The Texas Department of Transportation shall post a sign at each point at which an interstate highway or United States highway enters this state that informs an operator that:

(1) the use of a handheld wireless communication device to read, write, or send a text-based communication while operating a motor vehicle is prohibited in this state; and

(2) the operator is subject to a fine if the operator uses a handheld wireless communication device to read, write, or send a text-based communication while operating a motor vehicle in this state.

(h) A peace officer who stops a motor vehicle for an alleged violation of this section may not, without the consent of the operator, take possession of or otherwise inspect a wireless communication device in the possession of the operator solely based on a violation of this section.

(i) A telecommunications provider may provide records related to the commission of an alleged offense under this section only as required by a search warrant issued under Chapter 18, Code of Criminal Procedure.

SECTION 6. This Act takes effect September 1, 2013.