85R3511 JXC-F
	By: Zaffirini	S.B. No. 31

	A BILL TO BE ENTITLED
	AN ACT
	relating to the use of a wireless communication device while
	operating a motor vehicle; creating a criminal offense; modifying
	existing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act may be cited as the Alex Brown Memorial
	Act.
	SECTION 2.  Sections 521.161(b) and (c), Transportation
	Code, are amended to read as follows:
	(b)  The examination must include:
	(1)  a test of the applicant's:
	(A)  vision;
	(B)  ability to identify and understand highway
	signs in English that regulate, warn, or direct traffic;
	(C)  knowledge of the traffic laws of this state;
	[and]
	(D)  knowledge of motorists' rights and
	responsibilities in relation to bicyclists; and
	(E)  knowledge of the effect of using a wireless
	communication device, or engaging in other actions that may
	distract a driver, on the safe or effective operation of a motor
	vehicle;
	(2)  a demonstration of the applicant's ability to
	exercise ordinary and reasonable control in the operation of a
	motor vehicle of the type that the applicant will be licensed to
	operate; and
	(3)  any additional examination the department finds
	necessary to determine the applicant's fitness to operate a motor
	vehicle safely.
	(c)  The department shall give each applicant the option of
	taking the parts of the examination under Subsections (b)(1)(B),
	(C), [and] (D), and (E) in writing in addition to or instead of
	through a mechanical, electronic, or other testing method.  If the
	applicant takes that part of the examination in writing in addition
	to another testing method, the applicant is considered to have
	passed that part of the examination if the applicant passes either
	version of the examination.  The department shall inform each
	person taking the examination of the person's rights under this
	subsection.
	SECTION 3.  Section 545.424, Transportation Code, is amended
	by amending Subsections (a), (b), and (c) and adding Subsection (g)
	to read as follows:
	(a)  A person under 18 years of age may not operate a motor
	vehicle while using a wireless communication [communications]
	device, except in case of emergency.  This subsection does not apply
	to a person licensed by the Federal Communications Commission while
	operating a radio frequency device other than a wireless
	communication device.
	(b)  A person under 17 years of age who holds a restricted
	motorcycle license or moped license may not operate a motorcycle or
	moped while using a wireless communication [communications]
	device, except in case of emergency.  This subsection does not apply
	to a person licensed by the Federal Communications Commission while
	operating a radio frequency device other than a wireless
	communication device.
	(c)  Subsection (a-1) [This section] does not apply to[:
	[(1)]  a person operating a motor vehicle while
	accompanied in the manner required by Section 521.222(d)(2) for the
	holder of an instruction permit[; or
	[(2)     a person licensed by the Federal Communications
	Commission to operate a wireless communication device or a radio
	frequency device].
	(g)  An offense under Subsection (a) or (b) is a misdemeanor
	punishable by a fine of at least $25 and not more than $99 unless it
	is shown on the trial of the offense that the defendant has been
	previously convicted at least one time of an offense under either
	subsection, in which event the offense is punishable by a fine of at
	least $100 and not more than $200.
	SECTION 4.  Section 545.425(a)(1), Transportation Code, is
	amended to read as follows:
	(1)  "Hands-free device" means speakerphone
	capability, [or] a telephone attachment, or another function or
	other piece of equipment, regardless of whether permanently
	installed in or on a wireless communication device or in a [the]
	motor vehicle, that allows use of the wireless communication device
	without use of either of the operator's hands, except to activate or
	deactivate a function of the wireless communication device or
	hands-free device.  The term includes voice-operated technology and
	a push-to-talk function.
	SECTION 5.  Subchapter I, Chapter 545, Transportation Code,
	is amended by adding Section 545.4251 to read as follows:
	Sec. 545.4251.  USE OF PORTABLE WIRELESS COMMUNICATION
	DEVICE FOR ELECTRONIC MESSAGING; OFFENSE.  (a)  In this section:
	(1)  "Electronic message" means data that is read from
	or entered into a wireless communication device for the purpose of
	communicating with another person.
	(2)  "Wireless communication device" has the meaning
	assigned by Section 545.425.
	(b)  An operator commits an offense if the operator uses a
	portable wireless communication device to read, write, or send an
	electronic message while operating a motor vehicle unless the
	vehicle is stopped.
	(c)  It is an affirmative defense to prosecution of an
	offense under this section that the operator used a portable
	wireless communication device:
	(1)  in conjunction with a hands-free device, as
	defined by Section 545.425;
	(2)  to report illegal activity or summon emergency
	help;
	(3)  to read an electronic message that the person
	reasonably believed concerned an emergency; or
	(4)  that was permanently or temporarily affixed to the
	vehicle to relay information in the course of the operator's
	occupational duties between the operator and:
	(A)  a dispatcher; or
	(B)  a digital network or software application
	service.
	(d)  Subsection (b) does not apply to:
	(1)  an operator of an authorized emergency or law
	enforcement vehicle using a portable wireless communication device
	while acting in an official capacity; or
	(2)  an operator who is licensed by the Federal
	Communications Commission while operating a radio frequency device
	other than a portable wireless communication device.
	(e)  An offense under this section is a misdemeanor
	punishable by a fine of at least $25 and not more than $99 unless it
	is shown on the trial of the offense that the defendant has been
	previously convicted at least one time of an offense under this
	section, in which event the offense is punishable by a fine of at
	least $100 and not more than $200.
	(f)  The Texas Department of Transportation shall post a sign
	at each point at which an interstate highway or United States
	highway enters this state that informs an operator that:
	(1)  the use of a portable wireless communication
	device for electronic messaging while operating a motor vehicle is
	prohibited in this state; and
	(2)  the operator is subject to a fine if the operator
	uses a portable wireless communication device for electronic
	messaging while operating a motor vehicle in this state.
	(g)  A peace officer who stops a motor vehicle for an alleged
	violation of this section may not take possession of or otherwise
	inspect a portable wireless communication device in the possession
	of the operator unless authorized by the Code of Criminal
	Procedure, the Penal Code, or other law.
	SECTION 6.  Section 708.052, Transportation Code, is amended
	by adding Subsection (e-1) to read as follows:
	(e-1)  Notwithstanding Subsection (b), the department may
	not assign points to a person's license if the offense of which the
	person was convicted is the offense of using a portable wireless
	communication device for electronic messaging as described by
	Section 545.4251.
	SECTION 7.  The changes in law made by this Act to Chapter
	545, Transportation Code, apply 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 8.  This Act takes effect September 1, 2017.