85R821 JXC-D
 
  By: Zaffirini S.B. No. 57
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of a wireless communication device by a state
  officer or employee while operating a motor vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 651, Government Code, is amended by
  adding Section 651.011 to read as follows:
         Sec. 651.011.  USE OF WIRELESS COMMUNICATION DEVICE BY STATE
  OFFICER OR EMPLOYEE WHILE OPERATING MOTOR VEHICLE. (a) In this
  section:
               (1)  "Motor vehicle" has the meaning assigned by
  Section 541.201, Transportation Code.
               (2)  "State agency" has the meaning assigned by Section
  2052.101.
               (3)  "Text-based communication" means data that is read
  from or entered into a wireless communication device, including an
  SMS text, e-mail, instant message, or other form of electronic data
  retrieval or electronic data communication.
               (4)  "Wireless communication device" has the meaning
  assigned by Section 545.425, Transportation Code.
         (b)  An officer or employee of a state agency may not:
               (1)  use a wireless communication device to read,
  write, or send a text-based communication while operating a
  state-owned or state-leased motor vehicle;
               (2)  use a wireless communication device to read,
  write, or send a text-based communication while operating a motor
  vehicle for state business; or
               (3)  use a state-owned wireless communication device to
  read, write, or send a text-based communication while operating a
  motor vehicle.
         (c)  Subsection (b) does not apply to a vehicle that is
  stopped outside a lane of travel.
         (d)  A state agency may exempt from Subsection (b) an
  officer, employee, vehicle, or device engaged in law enforcement or
  emergency activities.
         (e)  Each state agency shall:
               (1)  adopt rules, policies, or programs as necessary to
  promote compliance with and enforce this section, including
  disciplinary policies;
               (2)  establish an agency awareness program that
  includes information on the dangers of using a wireless
  communication device while operating a motor vehicle; and
               (3)  encourage officers and employees of the agency to
  avoid using a wireless communication device while operating a motor
  vehicle for purposes other than state business purposes.
         SECTION 2.  This Act takes effect September 1, 2017.