Bill Text: TX HB2106 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the use of a portable wireless communication device to send a text-based communication while operating a motor vehicle; creating a criminal offense.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-03-13 - Referred to Transportation [HB2106 Detail]
Download: Texas-2015-HB2106-Introduced.html
| 84R8455 JXC-D | ||
| By: Lucio III | H.B. No. 2106 | |
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| relating to the use of a portable wireless communication device to | ||
| send a text-based communication while operating a motor vehicle; | ||
| creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 TO SEND TEXT-BASED COMMUNICATION; OFFENSE. (a) In this | ||
| section: | ||
| (1) "Text-based communication" means data that is read | ||
| from or entered into a wireless communication device, including an | ||
| SMS text, e-mail, instant message, or other form of electronic data | ||
| retrieval or electronic data communication. | ||
| (2) "Wireless communication device" has the meaning | ||
| assigned by Section 545.425. | ||
| (b) An operator commits an offense if the operator causes or | ||
| is at fault in a motor vehicle accident while operating a motor | ||
| vehicle and using a portable wireless communication device to read | ||
| or manually write or send a text-based communication. | ||
| (c) 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. | ||
| (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. | ||
| (e) An offense under this section is a Class B misdemeanor. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
