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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 while |
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operating a motor vehicle; creating an offense and providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 545, Transportation Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. USE OF WIRELESS COMMUNICATION DEVICE |
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Sec. 545.381. DEFINITIONS. In this subchapter: |
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(1) "Hands-free device" means speakerphone capability |
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or a telephone attachment or other piece of equipment, regardless |
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of whether permanently installed in the motor vehicle, that allows |
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use of a wireless communication device without use of either of the |
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operator's hands. |
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(2) "Text-based communication" 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 written electronic message. |
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(3) "Wireless communication device" means a device |
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that uses a commercial mobile service, as defined by 47 U.S.C. |
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Section 332. |
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Sec. 545.382. APPLICABILITY. This subchapter does not |
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apply to: |
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(1) an operator of an authorized emergency vehicle |
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using a wireless communication device while acting in an official |
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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 wireless communication device. |
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Sec. 545.383. PREEMPTION. This subchapter does not preempt |
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a local ordinance, rule, or regulation adopted by a local authority |
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relating to the use of a wireless communication device by the |
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operator of a motor vehicle that is consistent with or more |
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stringent than the provisions of this subchapter. |
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Sec. 545.384. USE OF WIRELESS COMMUNICATION DEVICE TO SEND |
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TEXT-BASED COMMUNICATION WHILE OPERATING MOTOR VEHICLE WHEN MINOR |
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PRESENT; OFFENSE. (a) An operator commits an offense if the |
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operator uses at least one hand to read, write, or send a text-based |
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communication with a wireless communication device while operating |
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a motor vehicle, other than a passenger bus, when a person under 18 |
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years of age is in the vehicle unless the vehicle is stopped. |
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(b) 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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(c) The Texas Department of Transportation shall post a sign |
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at each point at which an interstate highway or U.S. highway enters |
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this state that informs an operator that: |
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(1) the use of a wireless communication device to |
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read, write, or send a text-based communication while operating a |
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motor vehicle when a person under 18 years of age is in the vehicle |
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is prohibited in this state; and |
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(2) the operator is subject to a fine if the operator |
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violates the prohibition. |
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(d) It is a defense to prosecution under this section that |
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the operator used a wireless communication device: |
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(1) in conjunction with a hands-free device; |
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(2) to navigate using a global positioning system or |
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navigation service; |
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(3) to report illegal activity or summon emergency |
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help; |
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(4) to read a text-based communication that the person |
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reasonably believes concerns an emergency; or |
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(5) to relay information between the operator and a |
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dispatcher in the course of the operator's occupational duties, if |
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the device was affixed to the vehicle. |
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Sec. 545.385. USE OF WIRELESS COMMUNICATION DEVICE WHILE |
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OPERATING PASSENGER BUS WITH A MINOR PASSENGER; OFFENSE. (a) An |
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operator commits an offense if the operator uses a wireless |
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communication device while operating a passenger bus with a |
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passenger who is under 18 years of age on the bus unless the bus is |
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stopped. |
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(b) It is an affirmative defense to prosecution of an |
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offense under this section that the wireless communication device |
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was used to make an emergency call to: |
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(1) an emergency response service, including a rescue, |
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emergency medical, or hazardous material response service; |
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(2) a hospital; |
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(3) a fire department; |
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(4) a health clinic; |
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(5) a medical doctor's office; |
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(6) an individual to administer first aid treatment; |
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or |
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(7) a police department. |
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Sec. 545.386. USE OF WIRELESS COMMUNICATION DEVICE WHILE |
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OPERATING MOTOR VEHICLE ON SCHOOL PROPERTY OR IN SCHOOL CROSSING |
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ZONE; OFFENSE. (a) An operator commits an offense if the operator |
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uses a wireless communication device while operating a motor |
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vehicle on the property of a public elementary, middle, junior |
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high, or high school for which a local authority has designated a |
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school crossing zone, during the time a reduced speed limit is in |
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effect for the school crossing zone, unless: |
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(1) the vehicle is stopped; or |
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(2) the operator uses the device with a hands-free |
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device. |
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(b) An operator commits an offense if the operator uses a |
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wireless communication device while operating a motor vehicle in a |
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school crossing zone unless: |
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(1) the vehicle is stopped; or |
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(2) the operator uses the wireless communication |
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device with a hands-free device. |
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(c) It is an affirmative defense to prosecution of an |
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offense: |
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(1) under this section that the wireless communication |
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device was used to make an emergency call to: |
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(A) an emergency response service, including a |
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rescue, emergency medical, or hazardous material response service; |
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(B) a hospital; |
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(C) a fire department; |
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(D) a health clinic; |
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(E) a medical doctor's office; |
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(F) an individual to administer first aid |
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treatment; or |
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(G) a police department; or |
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(2) under Subsection (b) that: |
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(A) the offense was committed in a school |
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crossing zone located in the jurisdiction of a local authority |
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other than a local authority that is in compliance with Subsection |
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(e); and |
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(B) a sign required by Subsection (d) was not |
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posted at the time of the offense. |
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(d) Except as provided by Subsection (e), a local authority |
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that enforces Subsection (b) shall post a warning sign at each |
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entrance to a school crossing zone in the jurisdiction of the local |
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authority. The local authority shall pay the costs associated with |
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posting the signs. The department shall adopt standards that: |
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(1) allow for the signs to be attached to existing |
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signs at a minimal cost; and |
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(2) require that the signs 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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(e) A local authority that by ordinance or rule prohibits |
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the use of a wireless communication device while operating a motor |
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vehicle throughout the jurisdiction of the local authority is not |
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required to post a warning sign required by Subsection (d) if the |
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local authority: |
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(1) posts warning signs that are readable to an |
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operator traveling at the applicable speed limit at each point at |
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which a state highway, U.S. highway, or interstate highway enters |
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the jurisdiction of the local authority and 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; 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; and |
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(2) subject to applicable United States Department of |
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Transportation Federal Highway Administration rules, posts 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 located on a state highway, |
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U.S. highway, or interstate highway. |
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Sec. 545.387. USE OF WIRELESS COMMUNICATION DEVICE BY |
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PERSON UNDER 18 YEARS OF AGE WHILE OPERATING A MOTOR VEHICLE; |
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OFFENSE. (a) A person under 18 years of age commits an offense if |
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the person operates a motor vehicle while using a wireless |
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communication device, except in case of emergency. |
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(b) A person under 17 years of age who holds a restricted |
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motorcycle license or moped license commits an offense if the |
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person operates a motorcycle or moped while using a wireless |
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communication device, except in case of emergency. |
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(c) A peace officer may not stop a vehicle or detain the |
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operator of a vehicle for the sole purpose of determining whether |
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the operator of the vehicle has violated this section. |
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(d) This section does not apply to a person operating a |
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motor vehicle while accompanied in the manner required by Section |
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521.222(d)(2) for the holder of an instruction permit. |
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SECTION 2. Sections 545.424(a), (b), and (f), 545.425, and |
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545.4252, Transportation Code, are repealed. |
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SECTION 3. 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 Act. |
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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 4. This Act takes effect September 1, 2017. |