Bill Text: TX HB327 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to the placement of warning signs in areas where the use of a wireless communication device is prohibited.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-08-03 - Left pending in committee [HB327 Detail]

Download: Texas-2017-HB327-Introduced.html
  85S11036 JXC-D
 
  By: Davis of Harris H.B. No. 327
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the placement of warning signs in areas where the use of
  a wireless communication device is prohibited.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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; LOCAL AUTHORITY [POLITICAL SUBDIVISION] SIGN
  REQUIREMENTS; OFFENSE.
         SECTION 2.  Sections 545.425(b-1), (b-4), and (d-1),
  Transportation Code, are amended to read as follows:
         (b-1)  Except as provided by Subsection (b-2), a local
  authority [a municipality, county, or other political subdivision]
  that enforces this section in a school crossing zone in the local
  authority's jurisdiction shall post a sign, or approve the posting
  of a sign, that complies with the standards described by this
  subsection at each [the] entrance to the [each] school crossing
  zone [in the municipality, county, or other political
  subdivision].  The Texas Department of Transportation [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.
         (b-4)  The local authority [political subdivision] shall pay
  the costs associated with the posting of signs under Subsection
  (b-2).
         (d-1)  The affirmative defense available in Subsection
  (d)(2) is not available for an offense under Subsection (b)
  committed in a school crossing zone located in the jurisdiction of a
  local authority [a municipality, county, or other political
  subdivision] that is in compliance with Subsection (b-2).
         SECTION 3.  Section 545.425(b-2), Transportation Code, as
  effective September 1, 2017, is amended to read as follows:
         (b-2)  A local authority [municipality, county, or other
  political subdivision] that by ordinance or rule prohibits the use
  of a wireless communication device while operating a motor vehicle,
  including a prohibition that contains an exception for the use of a
  wireless communication device with a hands-free device, throughout
  the jurisdiction of the local authority [political subdivision] is
  not required to post a sign as required by Subsection (b-1) and
  shall:
               (1)  post signs that are located at each point at which
  a state highway, U.S. highway, or interstate highway enters the
  jurisdiction of the local authority [political subdivision] and
  that state:
                     (A)  that an operator is prohibited from using a
  wireless communication device while operating a motor vehicle in
  the jurisdiction of the local authority [political subdivision,]
  and whether use of a wireless communication device with a
  hands-free device is allowed in the jurisdiction of the local
  authority [political subdivision]; and
                     (B)  that the operator is subject to a fine if the
  operator uses a wireless communication device while operating a
  motor vehicle in the jurisdiction of the local authority [political
  subdivision]; and
               (2)  subject to all applicable United States Department
  of Transportation Federal Highway Administration rules, post a
  message that complies with Subdivision (1) on any dynamic message
  sign operated by the local authority [political subdivision]
  located on a state highway, U.S. highway, or interstate highway in
  the jurisdiction of the local authority [political subdivision].
         SECTION 4.  This Act takes effect December 1, 2017.
feedback