Bill Text: TX HB1748 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the use of a portable electronic device while operating a motor vehicle; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-06 - Referred to Transportation [HB1748 Detail]
Download: Texas-2017-HB1748-Introduced.html
85R5176 JXC-D | ||
By: VanDeaver | H.B. No. 1748 |
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relating to the use of a portable electronic device while operating | ||
a motor vehicle; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 545.424(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) This section does not apply to[ |
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accompanied in the manner required by Section 521.222(d)(2) for the | ||
holder of an instruction permit[ |
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SECTION 2. Section 545.425, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 545.425. USE OF PORTABLE ELECTRONIC [ |
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OPERATING A MOTOR VEHICLE [ |
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OFFENSE. (a) In this section: | ||
(1) "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. | ||
(2) "Portable electronic device" means a hand-held | ||
mobile telephone, personal digital assistant, MP3 player or other | ||
hand-held music player, electronic reading device, laptop | ||
computer, pager, broadband personal communication device, global | ||
positioning or navigation system, electronic game device, or | ||
computing device. [ |
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(b) An [ |
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may not use a portable electronic [ |
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while holding or touching the device and operating a moving motor | ||
vehicle. This subsection applies to any use of a portable | ||
electronic device, including: | ||
(1) dialing or deactivating a telephone call; | ||
(2) speaking in or listening to a conversation; | ||
(3) viewing, taking, or transmitting electronic | ||
images; | ||
(4) composing, sending, viewing, accessing, browsing, | ||
retrieving, or saving e-mail messages, text messages, or other | ||
electronic data; | ||
(5) entering or changing information in a global | ||
positioning or navigation system or any software or application | ||
designed for navigation; | ||
(6) accessing or viewing an Internet website or | ||
computer application; or | ||
(7) playing a game [ |
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(d) It is an affirmative defense to prosecution of an | ||
offense under this section that[ |
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(1) for global positioning or navigation and the | ||
device was affixed to the motor vehicle; | ||
(2) with a hands-free device to engage in telephone | ||
communication or to listen to audio transmissions; | ||
(3) to make an emergency report of a crime, traffic | ||
accident, serious traffic hazard, or medical emergency; | ||
(4) in the reasonable belief that a person's life or | ||
safety was in immediate danger; or | ||
(5) to prevent a crime about to be committed [ |
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(d-1) The affirmative defense available in Subsection | ||
(d)(2) is 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 [ |
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(e) This section does not apply to: | ||
(1) an operator of an authorized emergency vehicle | ||
using a portable electronic [ |
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acting in an official capacity; [ |
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(2) an operator who is licensed by the Federal | ||
Communications Commission while operating a radio frequency device | ||
other than a portable electronic [ |
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or | ||
(3) an operator using two-way radio communication in a | ||
commercial motor vehicle. | ||
(f) This [ |
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section does not preempt [ |
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regulations that are consistent [ |
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stringent than the [ |
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a local authority [ |
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the use of a portable electronic [ |
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by the operator of a motor vehicle. | ||
SECTION 3. Sections 545.424(a), (b), and (f) and 545.4252, | ||
Transportation Code, are repealed. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2017. |