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A BILL TO BE ENTITLED
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AN ACT
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relating to prosecution of certain offenses involving and |
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preemption of local regulation of the use of a wireless |
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communication device while 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. Subchapter B, Chapter 542, Transportation Code, |
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is amended by adding Section 542.2034 to read as follows: |
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Sec. 542.2034. PREEMPTION OF LOCAL AUTHORITIES' REGULATION |
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OF USE OF WIRELESS COMMUNICATION DEVICE. (a) In this section, |
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"wireless communication device" has the meaning assigned by Section |
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545.425. |
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(b) The authority of a local authority to regulate or |
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prohibit the use of a wireless communication device while operating |
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a motor vehicle is preempted by this code, including Sections |
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545.424, 545.425, 545.4251, and 545.4252. |
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(c) This section does not affect the authority of a local |
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authority's peace officers to enforce the laws of this state |
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relating to the use of a wireless communication device while |
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operating a motor vehicle. |
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SECTION 2. The heading to Section 545.425, Transportation |
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Code, as effective September 1, 2017, 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; [POLITICAL SUBDIVISION SIGN REQUIREMENTS;] OFFENSE. |
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SECTION 3. Section 545.425(b-1), Transportation Code, is |
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amended to read as follows: |
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(b-1) A local authority whose peace officers enforce |
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[Except as provided by Subsection (b-2), a municipality, county, or
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other political subdivision that enforces] this section shall post |
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a sign that complies with the standards described by this |
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subsection at the entrance to each school crossing zone in the |
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territory of the local authority [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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SECTION 4. (a) Sections 545.425(b-3), (b-4), (d-1), and |
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(f) and 545.4252(e), Transportation Code, are repealed. |
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(b) Sections 545.425(b-2) and 545.4251(g) and (j), |
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Transportation Code, as effective September 1, 2017, are repealed. |
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SECTION 5. 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 6. This Act takes effect September 1, 2017, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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date, this Act takes effect on the 91st day after the last day of the |
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legislative session. |