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AN ACT
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relating to the placement of warning signs in areas where the use of |
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a wireless communication device is prohibited. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 545.425, Transportation |
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Code, is amended to read as follows: |
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Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE IN A |
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SCHOOL CROSSING ZONE OR WHILE OPERATING A [SCHOOL] BUS WITH A MINOR |
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PASSENGER; LOCAL AUTHORITY [POLITICAL SUBDIVISION] SIGN |
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REQUIREMENTS; OFFENSE. |
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SECTION 2. Section 545.425, Transportation Code, is amended |
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by amending Subsections (b-1), (b-2), (b-4), (c), and (d-1) and |
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adding Subsection (e-1) to read as follows: |
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(b-1) Except as provided by Subsection (b-2), a local |
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authority [a municipality, county, or other political subdivision] |
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that enforces this section in a school crossing zone in the local |
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authority's jurisdiction shall post a sign, or approve the posting |
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of a sign by a school or school district, that complies with the |
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standards described by this subsection at each [the] entrance to |
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the [each] school crossing zone [in the municipality, county, or
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other political subdivision]. The Texas Department of |
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Transportation [department] 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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(b-2) A local authority [municipality, county, or other
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political subdivision] that by ordinance or rule prohibits the use |
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of a wireless communication device while operating a motor vehicle, |
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including a prohibition that contains an exception for the use of a |
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wireless communication device with a hands-free device, throughout |
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the jurisdiction of the local authority [political subdivision] is |
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not required to post a sign as required by Subsection (b-1) and |
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shall: |
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(1) post signs that are located at each point at which |
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a state highway, U.S. highway, or interstate highway enters the |
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jurisdiction of the local authority [political subdivision] and |
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that state: |
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(A) that an operator is prohibited from using a |
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wireless communication device while operating a motor vehicle in |
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the jurisdiction of the local authority [political subdivision], |
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and whether use of a wireless communication device with a |
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hands-free device is allowed in the jurisdiction of the local |
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authority [political subdivision]; and |
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(B) that the operator is subject to a fine if the |
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operator uses a wireless communication device while operating a |
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motor vehicle in the jurisdiction of the local authority [political
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subdivision]; and |
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(2) subject to all applicable United States Department |
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of Transportation Federal Highway Administration rules, post a |
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message that complies with Subdivision (1) on any dynamic message |
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sign operated by the local authority [political subdivision] |
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located on a state highway, U.S. highway, or interstate highway in |
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the jurisdiction of the local authority [political subdivision]. |
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(b-4) The local authority [political subdivision] shall pay |
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the costs associated with the posting of signs under Subsections |
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(b-1) and [Subsection] (b-2), unless the authority enters an |
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agreement providing otherwise. |
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(c) An operator may not use a wireless communication device |
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while operating a school bus or passenger bus with a minor passenger |
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on the bus unless the [passenger] bus is stopped. |
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(d-1) The affirmative defense available in Subsection |
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(d)(2) is not available for an offense under Subsection (b) |
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committed in a school crossing zone located in the jurisdiction of a |
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local authority [a municipality, county, or other political
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subdivision] that is in compliance with Subsection (b-2). |
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(e-1) Subsection (c) does not apply to an operator of a |
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school bus or passenger bus using a wireless communication device: |
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(1) in the performance of the operator's duties as a |
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bus driver; and |
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(2) in a manner similar to using a two-way radio. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 771 was passed by the House on |
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April |
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24, 2019, by the following vote: Yeas 146, Nays 0, 2 |
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present, not voting; and that the House concurred in Senate |
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amendments to H.B. No. 771 on May 23, 2019, by the following |
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vote: Yeas 132, Nays 4, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 771 was passed by the Senate, with |
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amendments, on May 20, 2019, by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |