|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the use of a wireless communication device while |
|
operating a motor vehicle; creating a criminal offense. |
|
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), (d), (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 |
|
through which personal wireless services, as defined by 47 U.S.C. |
|
Section 332(c)(7)(C)(i), are transmitted. The term does not include |
|
a global navigation satellite system receiver used for positioning, |
|
emergency notification, or navigation purposes [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 outside a lane of travel. 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 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. |
|
(d) Subsection (b) does not apply to: |
|
(1) an operator of an authorized emergency or law |
|
enforcement vehicle using a portable 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 portable wireless communication device during an |
|
emergency; or |
|
(3) an operator of a commercial motor vehicle, other |
|
than a school bus with a minor passenger on the bus, who uses a |
|
portable wireless communication device while acting in the scope of |
|
the operator's employment and the use is allowed under federal |
|
motor carrier safety regulations, as defined by Section 644.001. |
|
(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. |