|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to distracted driving collisions; creating an offense. |
|
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 545.424, |
|
545.425, 545.4252, and 545.4253. |
|
SECTION 2. 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 3. Subchapter I, Chapter 545, Transportation Code, |
|
is amended by adding Section 545.4253 to read as follows: |
|
Sec. 545.4253. DISTRACTED DRIVING COLLISIONS. (a) A |
|
person causing, or involved in, a collision from the operation of a |
|
moving motor vehicle commits an offense if the person was engaged in |
|
an activity that: |
|
(1) is not related to the operation of the motor |
|
vehicle; and |
|
(2) interferes with the driver's ability to pay |
|
attention to the road. |
|
(b) An offense under this section is: |
|
(1) a Class C misdemeanor; or |
|
(2) a state jail felony if it is shown on the trial of |
|
the offense that as a result of the offense, an individual suffered |
|
serious bodily injury or death. |
|
SECTION 4. Sections 545.425(b-2), (b-3), (b-4), (d-1), and |
|
(f) and 545.4252(e), Transportation Code, are repealed. |
|
SECTION 5. The change in law made by this Act applies 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 6. This Act takes effect September 1, 2017. |