Bill Text: TX HB4215 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to distracted driving collisions; creating an offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to Transportation [HB4215 Detail]
Download: Texas-2017-HB4215-Introduced.html
By: Swanson | H.B. No. 4215 |
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relating to distracted driving collisions; creating an offense. | ||
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. LIMITATION ON LOCAL AUTHORITIES' REGULATION | ||
OF DISTRACTED DRIVING. (a) In this section, "wireless | ||
communication device" has the meaning assigned by Section 545.425. | ||
(b) Except as provided by Subsection (c), a local authority | ||
may not regulate or prohibit distracted driving, including the use | ||
of a wireless communication device while operating a motor vehicle. | ||
(c) A local authority may enforce the laws of this state | ||
relating to distracted driving, including Sections 545.424, | ||
545.425, 545.4252, and 545.4253. | ||
SECTION 2. Section 545.425(b-1), Transportation Code, is | ||
amended to read as follows: | ||
(b-1) A [ |
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municipality, county, or other local authority [ |
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complies with the standards described by this subsection at the | ||
entrance to each school crossing zone in the municipality, county, | ||
or other local authority [ |
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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. | ||
SECTION 3. Subchapter I, Chapter 545, Transportation Code, | ||
is amended by adding Section 545.4253 to read as follows: | ||
Sec. 545.4253. DISTRACTED DRIVING COLLISIONS. (a) A | ||
person causing, or involved in, a collision from the operation of a | ||
moving motor vehicle commits an offense if the person was engaged in | ||
an activity that: | ||
(1) is not related to the operation of the motor | ||
vehicle; and | ||
(2) interferes with the driver's ability to pay | ||
attention to the road. | ||
(b) An offense under this section is: | ||
(1) a Class C misdemeanor; or | ||
(2) a state jail felony if it is shown on the trial of | ||
the offense that as a result of the offense, an individual suffered | ||
serious bodily injury or death. | ||
SECTION 4. Sections 545.425(b-2), (b-3), (b-4), (d-1), and | ||
(f) and 545.4252(e), Transportation Code, 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. |