Bill Text: TX HB63 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the creation of an offense for use of a handheld wireless communication device for text-based communication while operating a motor vehicle.
Spectrum: Slight Partisan Bill (Republican 22-10)
Status: (Engrossed - Dead) 2013-04-29 - Co-sponsor authorized [HB63 Detail]
Download: Texas-2013-HB63-Engrossed.html
By: Craddick, Cook, Lucio III, Harless, | H.B. No. 63 | |
Menendez, et al. |
|
||
|
||
relating to the creation of an offense for use of a handheld | ||
wireless communication device for text-based communication while | ||
operating a motor vehicle. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Alex Brown Memorial | ||
Act. | ||
SECTION 2. Section 545.424, Transportation Code, is amended | ||
by adding Subsection (g) to read as follows: | ||
(g) An offense under Subsection (a) or (b) is a misdemeanor | ||
punishable by a fine of not more than $100 unless it is shown on the | ||
trial of the offense that the defendant has been previously | ||
convicted at least one time of an offense under this section, in | ||
which event the offense is punishable by a fine of not more than | ||
$200. | ||
SECTION 3. The heading to Section 545.425, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE | ||
GENERALLY; OFFENSE. | ||
SECTION 4. Section 545.425(a)(1), Transportation Code, is | ||
amended to read as follows: | ||
(1) "Hands-free device" means speakerphone | ||
capability, [ |
||
other piece of equipment, regardless of whether permanently | ||
installed in or on a wireless communication device or in a [ |
||
motor vehicle, that allows use of the wireless communication device | ||
without use of either of the operator's hands, except to activate or | ||
deactivate a function of the wireless communication device or | ||
hands-free device. | ||
SECTION 5. Subchapter I, Chapter 545, Transportation Code, | ||
is amended by adding Section 545.4251 to read as follows: | ||
Sec. 545.4251. USE OF WIRELESS COMMUNICATION DEVICE TO SEND | ||
TEXT-BASED COMMUNICATIONS; OFFENSE. (a) In this section: | ||
(1) "Handheld wireless communication device" means a | ||
wireless communication device, as defined by Section 545.425, that | ||
is portable. | ||
(2) "Text-based communication" means a communication | ||
that is designed or intended to be composed with at least one hand | ||
on a handheld wireless communication device and that is transmitted | ||
between wireless communication devices for the purpose of manually | ||
communicating in a nonspoken manner with another person in a | ||
written medium. The term includes: | ||
(A) a text message; | ||
(B) an instant message; | ||
(C) an e-mail; or | ||
(D) another type of electronic message. | ||
(b) An operator commits an offense if the operator uses a | ||
handheld wireless communication device to read, write, or send a | ||
text-based communication while operating a motor vehicle unless the | ||
vehicle is stopped. | ||
(c) It is a defense to prosecution under Subsection (b) | ||
that: | ||
(1) the operator used a handheld wireless | ||
communication device: | ||
(A) to read, select, or enter a telephone number | ||
or name for the purpose of making a telephone call; | ||
(B) in conjunction with voice-operated | ||
technology, a push-to-talk function, or a hands-free device, as | ||
defined by Section 545.425; | ||
(C) to navigate using a global positioning system | ||
or navigation service; | ||
(D) to report illegal activity or summon | ||
emergency help; or | ||
(E) to read a text-based communication: | ||
(i) that the person reasonably believes | ||
concerns an emergency; or | ||
(ii) that concerns an emergency regardless | ||
of the person's belief; or | ||
(2) the handheld wireless communication device: | ||
(A) was used by the operator to relay information | ||
between the operator and a dispatcher in the course of the | ||
operator's occupational duties; and | ||
(B) was affixed to the vehicle. | ||
(d) Subsection (b) does not apply to: | ||
(1) an operator of an authorized emergency or law | ||
enforcement vehicle using a 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 handheld wireless communication device. | ||
(e) This section preempts all local ordinances, rules, or | ||
regulations adopted by a political subdivision of this state | ||
relating to using a wireless communication device while operating a | ||
motor vehicle. | ||
(e-1) Subsection (e) does not apply to a local ordinance, | ||
rule, or regulation adopted by a political subdivision of this | ||
state before September 1, 2011. | ||
(f) An offense under this section is a misdemeanor | ||
punishable by a fine of not more than $100 unless it is shown on the | ||
trial of the offense that the defendant has been previously | ||
convicted at least one time of an offense under this section, in | ||
which event the offense is punishable by a fine of not more than | ||
$200. | ||
(g) The Texas Department of Transportation shall post a sign | ||
at each point at which an interstate highway or United States | ||
highway enters this state that informs an operator that: | ||
(1) the use of a handheld wireless communication | ||
device to read, write, or send a text-based communication while | ||
operating a motor vehicle is prohibited in this state; and | ||
(2) the operator is subject to a fine if the operator | ||
uses a handheld wireless communication device to read, write, or | ||
send a text-based communication while operating a motor vehicle in | ||
this state. | ||
(h) A peace officer who stops a motor vehicle for an alleged | ||
violation of this section may not, without the consent of the | ||
operator, take possession of or otherwise inspect a wireless | ||
communication device in the possession of the operator solely based | ||
on a violation of this section. | ||
(i) A telecommunications provider may provide records | ||
related to the commission of an alleged offense under this section | ||
only as required by a search warrant issued under Chapter 18, Code | ||
of Criminal Procedure. | ||
SECTION 6. This Act takes effect September 1, 2013. |