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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 use of a handheld |
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wireless communication device for text-based communication while |
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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. Section 545.425(a), Transportation Code, is |
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amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Text-based communication" means a |
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communication that is designed or intended to be transmitted |
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between wireless communication devices for the purpose of manually |
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communicating in a nonspoken manner with another person in a |
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written medium. The term includes: |
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(A) a text message; |
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(B) an instant message; and |
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(C) an e-mail. |
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SECTION 2. Section 545.425, Transportation Code, is amended |
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by amending Subsection (b-1) and adding Subsections (c-1) and (c-2) |
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to read as follows: |
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(b-1) Except as provided by Subsection (b-2), a |
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municipality, county, or other political subdivision that enforces |
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Subsection (b) [this section] shall post a sign that complies with |
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the standards described by this subsection at the entrance to each |
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school crossing zone in the municipality, county, or other |
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political subdivision. The 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 handheld wireless |
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communication device to read, write, or send a text-based |
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communication while operating a motor vehicle unless the vehicle is |
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stopped. |
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(c-2) It is a defense to prosecution under Subsection (c-1) |
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that: |
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(1) the operator used a handheld wireless |
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communication device: |
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(A) to read, select, or enter a telephone number |
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or name for the purpose of making a telephone call; |
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(B) in conjunction with voice-operated |
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technology or a hands-free device; or |
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(C) to navigate using a global positioning |
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system; or |
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(2) the handheld wireless communication device was: |
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(A) used by the operator to relay information |
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between the operator and a dispatcher in the course of the |
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operator's occupational duties; and |
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(B) affixed to the vehicle. |
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SECTION 3. This Act takes effect September 1, 2013. |