85S10342 JXC-F
 
  By: Uresti H.B. No. 117
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of a wireless communication device while
  operating a motor vehicle; amending provisions subject to a
  criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 545.4251, Transportation
  Code, as effective September 1, 2017, is amended to read as follows:
         Sec. 545.4251.  USE OF PORTABLE WIRELESS COMMUNICATION
  DEVICE WHILE OPERATING MOTOR VEHICLE [FOR ELECTRONIC MESSAGING];
  OFFENSE.
         SECTION 2.  Section 545.4251, Transportation Code, as
  effective September 1, 2017, is amended by amending Subsections
  (a), (b), (c), (h), and (j) and adding Subsection (c-1) to read as
  follows:
         (a)  In this section:
               (1)  "Hands-free device" means speakerphone
  capability, 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 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.
  The term includes voice-operated technology and a push-to-talk
  function ["Electronic message" means data that is read from or
  entered into a wireless communication device for the purpose of
  communicating with another person].
               (2)  "Wireless communication device" means a device
  that uses a commercial mobile service, as defined by 47
  U.S.C. Section 332 [has the meaning assigned by Section 545.425].
         (b)  An operator commits an offense if the operator uses a
  portable wireless communication device [to read, write, or send an
  electronic message] while operating a motor vehicle unless the
  vehicle is stopped.  To be prosecuted, the behavior must be
  committed in the presence of or within the view of a peace officer
  or established by other evidence.
         (c)  Except as provided by Subsection (c-1), it [It] is an
  affirmative defense to prosecution of an offense under this section
  that the operator used a portable wireless communication device:
               (1)  in conjunction with a hands-free device[, as
  defined by Section 545.425];
               (2)  to navigate using a global positioning system or
  navigation system;
               (3)  to report illegal activity, summon emergency help,
  or enter information into a software application that provides
  information relating to traffic and road conditions to users of the
  application;
               (4)  to read a [an electronic] message that the person
  reasonably believed concerned an emergency;
               (5)  that was permanently or temporarily affixed to the
  vehicle to relay information in the course of the operator's
  occupational duties between the operator and:
                     (A)  a dispatcher; or
                     (B)  a digital network or software application
  service; or
               (6)  to activate a function that plays audio content
  [music].
         (c-1)  The affirmative defenses in Subsections (c)(1), (2),
  (4), (5), and (6) are not available for an offense under Subsection
  (b) committed by a person under 18 years of age or by a person
  operating a school bus with a minor passenger on the bus.
         (h)  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 portable wireless communication
  device [for electronic messaging] while operating a motor vehicle
  is prohibited in this state; and
               (2)  the operator is subject to a fine if the operator
  uses a portable wireless communication device [for electronic
  messaging] while operating a motor vehicle in this state.
         (j)  This section preempts all local ordinances, rules, or
  other regulations adopted by a local authority [political
  subdivision] relating to the use of a portable wireless
  communication device by the operator of a motor vehicle [to read,
  write, or send an electronic message].
         SECTION 3.  Sections 545.424(a), (b), (f), and (g), 545.425,
  and 545.4252, Transportation Code, as effective September 1, 2017,
  are repealed.
         SECTION 4.  The changes in law made by this Act apply 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 5.  This Act takes effect September 1, 2017, if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for effect on that
  date, this Act takes effect on the 91st day after the last day of the
  legislative session.