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AN ACT
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relating to prohibiting using a wireless communication device while |
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operating a motor vehicle on school property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 545.425, Transportation |
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Code, is amended to read as follows: |
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Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE IN A |
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SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR |
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PASSENGER; OFFENSE. |
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SECTION 2. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.4252 to read as follows: |
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Sec. 545.4252. USE OF WIRELESS COMMUNICATION DEVICE ON |
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SCHOOL PROPERTY; OFFENSE. (a) In this section: |
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(1) "Hands-free device" has the meaning assigned by |
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Section 545.425. |
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(2) "Wireless communication device" has the meaning |
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assigned by Section 545.425. |
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(b) Except as provided by Section 545.425(c), an operator |
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may not use a wireless communication device while operating a motor |
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vehicle on the property of a public elementary, middle, junior |
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high, or high school for which a local authority has designated a |
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school crossing zone, during the time a reduced speed limit is in |
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effect for the school crossing zone, 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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(c) It is an affirmative defense to prosecution of an |
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offense under this section that the wireless communication device |
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was used to make an emergency call to: |
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(1) an emergency response service, including a rescue, |
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emergency medical, or hazardous material response service; |
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(2) a hospital; |
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(3) a fire department; |
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(4) a health clinic; |
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(5) a medical doctor's office; |
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(6) an individual to administer first aid treatment; |
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or |
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(7) a police department. |
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(d) 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) an operator who is licensed by the Federal |
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Communications Commission while operating a radio frequency device |
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other than a wireless communication device. |
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(e) This section preempts all local ordinances, rules, or |
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regulations that are inconsistent with specific provisions of this |
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section adopted by a political subdivision of this state relating |
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to the use of a wireless communication device by the operator of a |
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motor vehicle, except that a political subdivision may by ordinance |
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or rule prohibit the use of a wireless communication device while |
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operating a motor vehicle throughout the jurisdiction of the |
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political subdivision. |
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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 on the date the offense was committed, |
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and 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 occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 347 was passed by the House on April |
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23, 2013, by the following vote: Yeas 130, Nays 15, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 347 on May 20, 2013, by the following vote: Yeas 105, Nays 37, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 347 was passed by the Senate, with |
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amendments, on May 15, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |