| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the preemption and prosecution of certain offenses |
|
|
involving the use of a wireless communication device while |
|
|
operating a motor vehicle. |
|
|
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. PREEMPTION OF LOCAL AUTHORITIES' REGULATION |
|
|
OF USE OF WIRELESS COMMUNICATION DEVICE. (a) In this section, |
|
|
"wireless communication device" has the meaning assigned by Section |
|
|
545.425. |
|
|
(b) The authority of a local authority to regulate or |
|
|
prohibit the use of a wireless communication device while operating |
|
|
a motor vehicle is preempted by this code, including by Sections |
|
|
545.424, 545.425, 545.4251, and 545.4252. |
|
|
(c) This section does not affect the authority of a local |
|
|
authority's peace officers to enforce the laws of this state |
|
|
relating to the use of a wireless communication device while |
|
|
operating a motor vehicle. |
|
|
SECTION 2. Sections 545.425(b-1) and (b-4), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(b-1) A [Except as provided by Subsection (b-2), a] local |
|
|
authority whose peace officers enforce [that enforces] this section |
|
|
in a school crossing zone in the local authority's jurisdiction |
|
|
shall post a sign, or approve the posting of a sign by a school or |
|
|
school district, that complies with the standards described by this |
|
|
subsection at each entrance to the school crossing zone. The Texas |
|
|
Department of Transportation 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. |
|
|
(b-4) The local authority shall pay the costs associated |
|
|
with the posting of signs under Subsection [Subsections] (b-1) [and |
|
|
(b-2)], unless the authority enters an agreement providing |
|
|
otherwise. |
|
|
SECTION 3. Sections 545.425(b-2), (b-3), (d-1), and (f), |
|
|
545.4251(g) and (j), and 545.4252(e), Transportation Code, are |
|
|
repealed. |
|
|
SECTION 4. 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 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |