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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a wireless communication device by a state |
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officer or employee while operating a motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 651, Government Code, is amended by |
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adding Section 651.011 to read as follows: |
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Sec. 651.011. USE OF WIRELESS COMMUNICATION DEVICE BY STATE |
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OFFICER OR EMPLOYEE WHILE OPERATING MOTOR VEHICLE. (a) In this |
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section: |
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(1) "Motor vehicle" has the meaning assigned by |
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Section 541.201, Transportation Code. |
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(2) "State agency" has the meaning assigned by Section |
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2052.101. |
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(3) "Wireless communication device" has the meaning |
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assigned by Section 545.425, Transportation Code. |
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(b) An officer or employee of a state agency may not: |
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(1) use a wireless communication device while |
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operating a state-owned or state-leased motor vehicle; |
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(2) use a wireless communication device while |
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operating a motor vehicle for state business; or |
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(3) use a state-owned wireless communication device |
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while operating a motor vehicle. |
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(c) Subsection (b) does not apply to: |
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(1) a vehicle that is stopped outside a lane of travel; |
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or |
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(2) the use of a wireless communication device with a |
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hands-free device, as defined by Section 545.425, Transportation |
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Code. |
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(d) A state agency may exempt from Subsection (b) an |
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officer, employee, vehicle, or device engaged in law enforcement or |
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emergency activities. |
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(e) Each state agency shall: |
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(1) adopt rules, policies, or programs as necessary to |
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promote compliance with and enforce this section, including |
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disciplinary policies; |
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(2) establish an agency awareness program that |
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includes information on the dangers of using a wireless |
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communication device while operating a motor vehicle; and |
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(3) encourage officers and employees of the agency to |
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avoid using a wireless communication device while operating a motor |
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vehicle for purposes other than state business purposes. |
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SECTION 2. This Act takes effect September 1, 2019. |