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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an offense for use of a handheld |
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wireless communication device for text-based communication while |
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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. This Act may be cited as the Alex Brown Memorial |
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Act. |
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SECTION 2. Section 545.424, Transportation Code, is amended |
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by adding Subsection (g) to read as follows: |
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(g) An offense under Subsection (a) or (b) is a misdemeanor |
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punishable by a fine of not more than $100 unless it is shown on the |
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trial of the offense that the defendant has been previously |
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convicted at least one time of an offense under this section, in |
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which event the offense is punishable by a fine of not more than |
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$200. |
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SECTION 3. 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 |
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GENERALLY; OFFENSE. |
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SECTION 4. Section 545.425(a)(1), Transportation Code, is |
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amended to read as follows: |
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(1) "Hands-free device" means speakerphone |
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capability, [or] a telephone attachment, or another function or |
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other piece of equipment, regardless of whether permanently |
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installed in or on a wireless communication device or in a [the] |
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motor vehicle, that allows use of the wireless communication device |
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without use of either of the operator's hands, except to activate or |
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deactivate a function of the wireless communication device or |
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hands-free device. |
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SECTION 5. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.4251 to read as follows: |
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Sec. 545.4251. USE OF WIRELESS COMMUNICATION DEVICE TO SEND |
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TEXT-BASED COMMUNICATIONS; OFFENSE. (a) In this section: |
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(1) "Handheld wireless communication device" means a |
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wireless communication device, as defined by Section 545.425, that |
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is portable. |
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(2) "Text-based communication" means a communication |
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that is designed or intended to be composed with at least one hand |
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on a handheld wireless communication device and that is transmitted |
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between wireless communication devices for the purpose of manually |
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communicating in a nonspoken manner with another person in a |
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written medium. The term includes: |
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(A) a text message; |
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(B) an instant message; |
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(C) an e-mail; or |
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(D) another type of electronic message. |
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(b) An operator commits an offense if the operator uses a |
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handheld wireless communication device to read, write, or send a |
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text-based communication while operating a motor vehicle unless the |
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vehicle is stopped. |
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(c) It is a defense to prosecution under Subsection (b) |
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that: |
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(1) the operator used a handheld wireless |
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communication device: |
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(A) to read, select, or enter a telephone number |
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or name for the purpose of making a telephone call; |
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(B) in conjunction with voice-operated |
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technology, a push-to-talk function, or a hands-free device, as |
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defined by Section 545.425; |
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(C) to navigate using a global positioning system |
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or navigation service; or |
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(D) to report illegal activity or summon |
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emergency help; or |
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(2) the handheld wireless communication device: |
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(A) was used by the operator to relay information |
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between the operator and a dispatcher in the course of the |
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operator's occupational duties; and |
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(B) was affixed to the vehicle. |
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(d) Subsection (b) does not apply to: |
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(1) an operator of an authorized emergency or law |
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enforcement vehicle using a wireless communication device while |
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acting in an official capacity; or |
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(2) an operator who is licensed by the Federal |
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Communications Commission while operating a radio frequency device |
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other than a handheld wireless communication device. |
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(e) This section preempts all local ordinances, rules, or |
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regulations that are inconsistent with specific provisions of this |
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section adopted by a political subdivision of this state relating |
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to using a wireless communication device to read, write, or send a |
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text-based communication while operating a motor vehicle. |
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(f) An offense under this section is a misdemeanor |
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punishable by a fine of not more than $100 unless it is shown on the |
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trial of the offense that the defendant has been previously |
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convicted at least one time of an offense under this section, in |
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which event the offense is punishable by a fine of not more than |
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$200. |
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SECTION 6. This Act takes effect September 1, 2013. |