Bill Text: TX HB171 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to prosecution of certain offenses involving and preemption of local regulation of the use of a wireless communication device while operating a motor vehicle.
Spectrum: Partisan Bill (Republican 57-0)
Status: (Introduced - Dead) 2017-07-27 - Left pending in committee [HB171 Detail]
Download: Texas-2017-HB171-Introduced.html
85S10673 JXC-F | ||
By: Goldman | H.B. No. 171 |
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relating to prosecution of certain offenses involving and | ||
preemption of local regulation of the use of a wireless | ||
communication device while operating a motor vehicle. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 542, Transportation Code, | ||
is amended by adding Section 542.2034 to read as follows: | ||
Sec. 542.2034. PREEMPTION OF LOCAL AUTHORITIES' REGULATION | ||
OF USE OF WIRELESS COMMUNICATION DEVICE. (a) In this section, | ||
"wireless communication device" has the meaning assigned by Section | ||
545.425. | ||
(b) The authority of a local authority to regulate or | ||
prohibit the use of a wireless communication device while operating | ||
a motor vehicle is preempted by this code, including Sections | ||
545.424, 545.425, 545.4251, and 545.4252. | ||
(c) This section does not affect the authority of a local | ||
authority's peace officers to enforce the laws of this state | ||
relating to the use of a wireless communication device while | ||
operating a motor vehicle. | ||
SECTION 2. The heading to Section 545.425, Transportation | ||
Code, as effective September 1, 2017, is amended to read as follows: | ||
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE IN A | ||
SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR | ||
PASSENGER; [ |
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SECTION 3. Section 545.425(b-1), Transportation Code, is | ||
amended to read as follows: | ||
(b-1) A local authority whose peace officers enforce | ||
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a sign that complies with the standards described by this | ||
subsection at the entrance to each school crossing zone in the | ||
territory of the local authority [ |
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(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. | ||
SECTION 4. (a) Sections 545.425(b-3), (b-4), (d-1), and | ||
(f) and 545.4252(e), Transportation Code, are repealed. | ||
(b) Sections 545.425(b-2) and 545.4251(g) and (j), | ||
Transportation Code, as effective September 1, 2017, are repealed. | ||
SECTION 5. 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 6. 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. |