Bill Text: TX HB141 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the use of a wireless communication device while operating a motor vehicle; creating an offense and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-09 - Referred to Transportation [HB141 Detail]
Download: Texas-2015-HB141-Introduced.html
84R661 JXC-D | ||
By: Menéndez | H.B. No. 141 |
|
||
|
||
relating to the use of a wireless communication device while | ||
operating a motor vehicle; creating an offense and providing | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 545.001, Transportation Code, is amended | ||
by adding Subdivisions (3) and (4) to read as follows: | ||
(3) "Hands-free device" means speakerphone capability | ||
or a telephone attachment or other piece of equipment, regardless | ||
of whether permanently installed in the motor vehicle, that allows | ||
use of the wireless communication device without use of either of | ||
the operator's hands. | ||
(4) "Wireless communication device" means a device | ||
that uses a commercial mobile service, as defined by 47 U.S.C. | ||
Section 332. | ||
SECTION 2. The heading to Section 545.425, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE WHILE | ||
OPERATING MOTOR VEHICLE ON SCHOOL PROPERTY OR IN [ |
||
CROSSING ZONE [ |
||
|
||
SECTION 3. Sections 545.425(a), (b), (b-1), (c), (d), and | ||
(f), Transportation Code, are amended to read as follows: | ||
(a) An operator may not use a wireless communication device | ||
while operating a motor vehicle on the property of a public | ||
elementary, middle, junior high, or high school for which a local | ||
authority has designated a school crossing zone, during the time a | ||
reduced speed limit is in effect for the school crossing zone, | ||
unless: | ||
(1) the vehicle's transmission is in park; | ||
(2) the vehicle's parking brake is applied; or | ||
(3) the operator uses the wireless communication | ||
device with a hands-free device [ |
||
[ |
||
|
||
|
||
|
||
|
||
[ |
||
|
||
|
||
(b) An [ |
||
may not use a wireless communication device while operating a motor | ||
vehicle in [ |
||
|
||
(1) the vehicle's transmission is in park; | ||
(2) the vehicle's parking brake is applied [ |
||
|
||
(3) [ |
||
communication device [ |
||
(b-1) Except as provided by Subsection (b-2), a | ||
municipality, county, or other political subdivision that enforces | ||
Subsection (b) [ |
||
the standards described by this subsection at the entrance to each | ||
school crossing zone in the municipality, county, or other | ||
political subdivision. The department 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. | ||
(c) An offense under this section is a misdemeanor | ||
punishable by a fine of not less than $125 or more than $200 | ||
[ |
||
|
||
|
||
(d) It is an affirmative defense to prosecution of an | ||
offense [ |
||
(1) under this section that the wireless communication | ||
device was used to make an emergency call to: | ||
(A) an emergency response service, including a | ||
rescue, emergency medical, or hazardous material response service; | ||
(B) a hospital; | ||
(C) a fire department; | ||
(D) a health clinic; | ||
(E) a medical doctor's office; | ||
(F) an individual to administer first aid | ||
treatment; or | ||
(G) a law enforcement agency [ |
||
|
||
(2) under Subsection (b) that a sign required by | ||
Subsection (b-1) was not posted at the entrance to the school | ||
crossing zone at the time of an offense committed in the school | ||
crossing zone. | ||
(f) This [ |
||
section does not preempt a [ |
||
regulation [ |
||
|
||
political subdivision [ |
||
wireless communication device by the operator of a motor vehicle | ||
that is consistent with or more stringent than the provisions of | ||
this section. | ||
SECTION 4. Subchapter I, Chapter 545, Transportation Code, | ||
is amended by adding Section 545.4251 to read as follows: | ||
Sec. 545.4251. GENERAL USE OF WIRELESS COMMUNICATION DEVICE | ||
WHILE OPERATING MOTOR VEHICLE; OFFENSE. (a) An operator may not use | ||
a wireless communication device while operating a motor vehicle | ||
unless: | ||
(1) the vehicle's transmission is in park; | ||
(2) the vehicle's parking brake is applied; or | ||
(3) the operator uses the wireless communication | ||
device: | ||
(A) with a hands-free device; | ||
(B) for voice communication, including for | ||
reading, selecting, or entering a number or name for the purposes of | ||
making a voice call; or | ||
(C) for navigation. | ||
(b) An offense under this section is a misdemeanor | ||
punishable by a fine of not less than $25 or more than $100. | ||
(c) This section does not apply to: | ||
(1) an operator of an authorized emergency vehicle | ||
using a 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 wireless communication device. | ||
(d) This section does not preempt a local ordinance, rule, | ||
or regulation adopted by a political subdivision relating to the | ||
use of a wireless communication device by the operator of a motor | ||
vehicle that is consistent with or more stringent than the | ||
provisions of this section. | ||
SECTION 5. Subchapter I, Chapter 545, Transportation Code, | ||
is amended by adding Section 545.4261 to read as follows: | ||
Sec. 545.4261. USE OF WIRELESS COMMUNICATION DEVICE WHILE | ||
OPERATING PASSENGER BUS WITH MINOR PASSENGER; OFFENSE. (a) An | ||
operator may not use a wireless communication device while | ||
operating a passenger bus with a passenger under 18 years of age on | ||
the bus unless: | ||
(1) the transmission of the bus is in park; or | ||
(2) the parking brake of the bus is applied. | ||
(b) It is an affirmative defense to prosecution of an | ||
offense under this section that the wireless communication device | ||
was used to make an emergency call to: | ||
(1) an emergency response service, including a rescue, | ||
emergency medical, or hazardous material response service; | ||
(2) a hospital; | ||
(3) a fire department; | ||
(4) a health clinic; | ||
(5) a medical doctor's office; | ||
(6) an individual to administer first aid treatment; | ||
or | ||
(7) a law enforcement agency. | ||
(c) This section does not apply to an operator who is | ||
licensed by the Federal Communications Commission while operating a | ||
radio frequency device other than a wireless communication device. | ||
(d) This section does not preempt a local ordinance, rule, | ||
or regulation adopted by a political subdivision relating to the | ||
use of a wireless communication device by the operator of a motor | ||
vehicle that is consistent with or more stringent than the | ||
provisions of this section. | ||
SECTION 6. Sections 545.424(f) and 545.4252, | ||
Transportation Code, are repealed. | ||
SECTION 7. 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 8. This Act takes effect September 1, 2015. |