84R661 JXC-D
 
  By: Menéndez H.B. No. 141
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of a wireless communication device while
  operating a motor vehicle; creating an offense and providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 545.001, Transportation Code, is amended
  by adding Subdivisions (3) and (4) to read as follows:
               (3)  "Hands-free device" means speakerphone capability
  or a telephone attachment or other piece of equipment, regardless
  of whether permanently installed in the motor vehicle, that allows
  use of the wireless communication device without use of either of
  the operator's hands.
               (4)  "Wireless communication device" means a device
  that uses a commercial mobile service, as defined by 47 U.S.C.
  Section 332.
         SECTION 2.  The heading to Section 545.425, Transportation
  Code, is amended to read as follows:
         Sec. 545.425.  USE OF WIRELESS COMMUNICATION DEVICE WHILE
  OPERATING MOTOR VEHICLE ON SCHOOL PROPERTY OR IN [A] SCHOOL
  CROSSING ZONE [OR WHILE OPERATING A SCHOOL BUS WITH A MINOR
  PASSENGER]; OFFENSE.
         SECTION 3.  Sections 545.425(a), (b), (b-1), (c), (d), and
  (f), Transportation Code, are amended to read as follows:
         (a)  An operator may not use a wireless communication device
  while operating a motor vehicle on the property of a public
  elementary, middle, junior high, or high school for which a local
  authority has designated a school crossing zone, during the time a
  reduced speed limit is in effect for the school crossing zone,
  unless:
               (1)  the vehicle's transmission is in park;
               (2)  the vehicle's parking brake is applied; or
               (3)  the operator uses the wireless communication
  device with a hands-free device [In this section:
               [(1)     "Hands-free device" means speakerphone
  capability or a telephone attachment or other piece of equipment,
  regardless of whether permanently installed in the motor vehicle,
  that allows use of the wireless communication device without use of
  either of the operator's hands.
               [(2)     "Wireless communication device" means a device
  that uses a commercial mobile service, as defined by 47 U.S.C.
  Section 332].
         (b)  An [Except as provided by Subsection (c), an] operator
  may not use a wireless communication device while operating a motor
  vehicle in [within] a school crossing zone[, as defined by Section
  541.302, Transportation Code,] unless:
               (1)  the vehicle's transmission is in park;
               (2)  the vehicle's parking brake is applied [vehicle is
  stopped]; or
               (3) [(2)]  the operator uses the wireless
  communication device [is used] with a hands-free device.
         (b-1)  Except as provided by Subsection (b-2), 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)  An offense under this section is a misdemeanor
  punishable by a fine of not less than $125 or more than $200 
  [operator may not use a wireless communication device while
  operating a passenger bus with a minor passenger on the bus unless
  the passenger bus is stopped].
         (d)  It is an affirmative defense to prosecution of an
  offense [under this section that]:
               (1)  under this section that the wireless communication
  device was used to make an emergency call to:
                     (A)  an emergency response service, including a
  rescue, emergency medical, or hazardous material response service;
                     (B)  a hospital;
                     (C)  a fire department;
                     (D)  a health clinic;
                     (E)  a medical doctor's office;
                     (F)  an individual to administer first aid
  treatment; or
                     (G)  a law enforcement agency [police
  department]; and [or]
               (2)  under Subsection (b) that a sign required by
  Subsection (b-1) was not posted at the entrance to the school
  crossing zone at the time of an offense committed in the school
  crossing zone.
         (f)  This [Except as provided by Subsection (b-2), this]
  section does not preempt a [preempts all] local ordinance, rule, or
  regulation [ordinances, rules, or regulations that are
  inconsistent with specific provisions of this section] adopted by a
  political subdivision [of this state] relating to the use of a
  wireless communication device by the operator of a motor vehicle
  that is consistent with or more stringent than the provisions of
  this section.
         SECTION 4.  Subchapter I, Chapter 545, Transportation Code,
  is amended by adding Section 545.4251 to read as follows:
         Sec. 545.4251.  GENERAL USE OF WIRELESS COMMUNICATION DEVICE
  WHILE OPERATING MOTOR VEHICLE; OFFENSE. (a) An operator may not use
  a wireless communication device while operating a motor vehicle
  unless:
               (1)  the vehicle's transmission is in park;
               (2)  the vehicle's parking brake is applied; or
               (3)  the operator uses the wireless communication
  device:
                     (A)  with a hands-free device;
                     (B)  for voice communication, including for
  reading, selecting, or entering a number or name for the purposes of
  making a voice call; or
                     (C)  for navigation.
         (b)  An offense under this section is a misdemeanor
  punishable by a fine of not less than $25 or more than $100.
         (c)  This section does not apply to:
               (1)  an operator of an authorized emergency 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 wireless communication device.
         (d)  This section does not preempt a local ordinance, rule,
  or regulation adopted by a political subdivision relating to the
  use of a wireless communication device by the operator of a motor
  vehicle that is consistent with or more stringent than the
  provisions of this section.
         SECTION 5.  Subchapter I, Chapter 545, Transportation Code,
  is amended by adding Section 545.4261 to read as follows:
         Sec. 545.4261.  USE OF WIRELESS COMMUNICATION DEVICE WHILE
  OPERATING PASSENGER BUS WITH MINOR PASSENGER; OFFENSE. (a) An
  operator may not use a wireless communication device while
  operating a passenger bus with a passenger under 18 years of age on
  the bus unless:
               (1)  the transmission of the bus is in park; or
               (2)  the parking brake of the bus is applied.
         (b)  It is an affirmative defense to prosecution of an
  offense under this section that the wireless communication device
  was used to make an emergency call to:
               (1)  an emergency response service, including a rescue,
  emergency medical, or hazardous material response service;
               (2)  a hospital;
               (3)  a fire department;
               (4)  a health clinic;
               (5)  a medical doctor's office;
               (6)  an individual to administer first aid treatment;
  or
               (7)  a law enforcement agency.
         (c)  This section does not apply to an operator who is
  licensed by the Federal Communications Commission while operating a
  radio frequency device other than a wireless communication device.
         (d)  This section does not preempt a local ordinance, rule,
  or regulation adopted by a political subdivision relating to the
  use of a wireless communication device by the operator of a motor
  vehicle that is consistent with or more stringent than the
  provisions of this section.
         SECTION 6.  Sections 545.424(f) and 545.4252,
  Transportation Code, are repealed.
         SECTION 7.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 8.  This Act takes effect September 1, 2015.