By: Zaffirini S.B. No. 92
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to distracted driving; adding a provision subject to a
  criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 542, Transportation Code,
  is amended by adding Section 542.2034 to read as follows:
         Sec. 542.2034.  LIMITATION ON LOCAL AUTHORITIES' REGULATION
  OF DISTRACTED DRIVING. (a) In this section, "wireless
  communication device" has the meaning assigned by Section 545.425.
         (b)  Except as provided by Subsection (c), a local authority
  may not regulate or prohibit distracted driving, including the use
  of a wireless communication device while operating a motor vehicle.
         (c)  A local authority may enforce the laws of this state
  relating to distracted driving, including Sections 545.4015,
  545.424, 545.425, 545.4251, and 545.4252.
         SECTION 2.  Subchapter I, Chapter 545, Transportation Code,
  is amended by adding Section 545.4015 to read as follows:
         Sec. 545.4015.  DISTRACTED DRIVING. (a) In this section,
  "hands-free device" and "wireless communication device" have the
  meanings assigned by Section 545.425.
         (b)  A person may not operate a moving motor vehicle while
  engaging in an activity that is not related to the operation of the
  motor vehicle and interferes with the operator's ability to safely
  operate the vehicle. Activities that may interfere with an
  operator's safe operation may include:
               (1)  eating;
               (2)  reading;
               (3)  interacting with a passenger;
               (4)  personal grooming, including applying cosmetics;
               (5)  using an entertainment system; or
               (6)  using a wireless communication device.
         (c)  Except as otherwise provided by this section, use of a
  wireless communication device by an operator of a motor vehicle to
  send an electronic message while the vehicle is moving is prima
  facie evidence that the operator was distracted.
         (d)  It is an affirmative defense to prosecution of an
  offense under this section that solely involved the use of a
  wireless communication device that the operator used the device:
               (1)  in conjunction with a hands-free device;
               (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 message that the person reasonably
  believed concerned an emergency; or
               (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.
         (e)  The affirmative defenses in Subsections (d)(1), (2),
  (4), and (5) are not available for an offense under this section
  committed by a person under 18 years of age or by a person operating
  a school bus with a minor passenger on the bus.
         (f)  It is a defense to prosecution of an offense under this
  section that solely involved the use of a wireless communication
  device that at the time of the offense the operator was:
               (1)  an operator of an authorized emergency or law
  enforcement vehicle using a wireless communication device while
  acting in an official capacity; or
               (2)  an operator of a commercial motor vehicle, other
  than a school bus with a minor passenger on the bus, using a
  wireless communication device while acting in the scope of the
  operator's employment if the use is allowed under federal motor
  carrier safety regulations, as defined by Section 644.001.
         (g)  It is a defense to prosecution of an offense under this
  section that solely involved the use of a radio frequency device
  that at the time of the offense the operator was licensed by the
  Federal Communications Commission and the use occurred during an
  emergency.
         SECTION 3.  The heading to Section 545.425, Transportation
  Code, as effective September 1, 2017, is amended to read as follows:
         Sec. 545.425.  USE OF WIRELESS COMMUNICATION DEVICE IN A
  SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR
  PASSENGER; LOCAL AUTHORITY [POLITICAL SUBDIVISION] SIGN
  REQUIREMENTS; OFFENSE.
         SECTION 4.  Section 545.425(b-1), Transportation Code, is
  amended to read as follows:
         (b-1)  A [Except as provided by Subsection (b-2), a]
  municipality, county, or other local authority [political
  subdivision] that enforces 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 local authority [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.
         SECTION 5.  (a) Sections 545.425(b-2) and 545.4251(j),
  Transportation Code, as effective September 1, 2017, are repealed.
         (b)  Sections 545.425(b-3), (b-4), (d-1), and (f) and
  545.4252(e), Transportation Code, are repealed.
         SECTION 6.  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 7.  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.