Bill Text: TX HB117 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the use of a wireless communication device while operating a motor vehicle; amending provisions subject to a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-27 - Left pending in committee [HB117 Detail]
Download: Texas-2017-HB117-Introduced.html
85S10342 JXC-F | ||
By: Uresti | H.B. No. 117 |
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relating to the use of a wireless communication device while | ||
operating a motor vehicle; amending provisions subject to a | ||
criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 545.4251, Transportation | ||
Code, as effective September 1, 2017, is amended to read as follows: | ||
Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION | ||
DEVICE WHILE OPERATING MOTOR VEHICLE [ |
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OFFENSE. | ||
SECTION 2. Section 545.4251, Transportation Code, as | ||
effective September 1, 2017, is amended by amending Subsections | ||
(a), (b), (c), (h), and (j) and adding Subsection (c-1) to read as | ||
follows: | ||
(a) In this section: | ||
(1) "Hands-free device" means speakerphone | ||
capability, 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 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 [ |
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(2) "Wireless communication device" means a device | ||
that uses a commercial mobile service, as defined by 47 | ||
U.S.C. Section 332 [ |
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(b) An operator commits an offense if the operator uses a | ||
portable wireless communication device [ |
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vehicle is stopped. To be prosecuted, the behavior must be | ||
committed in the presence of or within the view of a peace officer | ||
or established by other evidence. | ||
(c) Except as provided by Subsection (c-1), it [ |
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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[ |
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(2) to navigate using a global positioning system or | ||
navigation system; | ||
(3) to report illegal activity, summon emergency help, | ||
or enter information into a software application that provides | ||
information relating to traffic and road conditions to users of the | ||
application; | ||
(4) to read a [ |
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reasonably believed concerned an emergency; | ||
(5) 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; or | ||
(6) to activate a function that plays audio content | ||
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(c-1) The affirmative defenses in Subsections (c)(1), (2), | ||
(4), (5), and (6) are not available for an offense under Subsection | ||
(b) committed by a person under 18 years of age or by a person | ||
operating a school bus with a minor passenger on the bus. | ||
(h) 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 [ |
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is prohibited in this state; and | ||
(2) the operator is subject to a fine if the operator | ||
uses a portable wireless communication device [ |
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(j) This section preempts all local ordinances, rules, or | ||
other regulations adopted by a local authority [ |
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communication device by the operator of a motor vehicle [ |
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SECTION 3. Sections 545.424(a), (b), (f), and (g), 545.425, | ||
and 545.4252, Transportation Code, as effective September 1, 2017, | ||
are repealed. | ||
SECTION 4. The changes in law made by this Act 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 5. This Act takes effect September 1, 2017, 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 effect on that | ||
date, this Act takes effect on the 91st day after the last day of the | ||
legislative session. |