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A BILL TO BE ENTITLED
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AN ACT
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relating to distracted driving collisions; creating an offense. |
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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. LIMITATION ON LOCAL AUTHORITIES' REGULATION |
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OF DISTRACTED DRIVING. (a) In this section, "wireless |
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communication device" has the meaning assigned by Section 545.425. |
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(b) Except as provided by Subsection (c), a local authority |
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may not regulate or prohibit distracted driving, including the use |
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of a wireless communication device while operating a motor vehicle. |
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(c) A local authority may enforce the laws of this state |
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relating to distracted driving, including Sections 545.424, |
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545.425, 545.4252, and 545.4253. |
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SECTION 2. Section 545.425(b-1), Transportation Code, is |
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amended to read as follows: |
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(b-1) A [Except as provided by Subsection (b-2), a] |
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municipality, county, or other local authority [political
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subdivision] that enforces this section shall post a sign that |
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complies with the standards described by this subsection at the |
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entrance to each school crossing zone in the municipality, county, |
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or other local authority [political subdivision]. The department |
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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 3. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.4253 to read as follows: |
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Sec. 545.4253. DISTRACTED DRIVING COLLISIONS. (a) A |
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person causing, or involved in, a collision from the operation of a |
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moving motor vehicle commits an offense if the person was engaged in |
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an activity that: |
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(1) is not related to the operation of the motor |
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vehicle; and |
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(2) interferes with the driver's ability to pay |
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attention to the road. |
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(b) An offense under this section is: |
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(1) a Class C misdemeanor; or |
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(2) a state jail felony if it is shown on the trial of |
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the offense that as a result of the offense, an individual suffered |
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serious bodily injury or death. |
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SECTION 4. Sections 545.425(b-2), (b-3), (b-4), (d-1), and |
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(f) and 545.4252(e), Transportation Code, 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 |
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Act. 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. |