Bill Text: TX SB28 | 2013-2014 | 83rd Legislature | Introduced
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 (Democrat 7-3)
Status: (Introduced - Dead) 2013-03-05 - Co-author authorized [SB28 Detail]
Download: Texas-2013-SB28-Introduced.html
83R1067 JXC-F | ||
By: Zaffirini | S.B. No. 28 |
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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. 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 3. Section 545.425(a)(1), Transportation Code, is | ||
amended to read as follows: | ||
(1) "Hands-free device" means speakerphone | ||
capability, [ |
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other piece of equipment, regardless of whether permanently | ||
installed in or on a wireless communication device or in a [ |
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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 4. 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. The term does not include: | ||
(A) a citizens band radio or citizens band radio | ||
hybrid; or | ||
(B) a commercial two-way radio communication | ||
device. | ||
(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; or | ||
(C) to navigate using a global positioning system | ||
or navigation service; 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) It is an exception to the application of Subsection (b) | ||
that the operator is: | ||
(1) an operator of an authorized emergency vehicle | ||
using a wireless communication device while acting in an official | ||
capacity; | ||
(2) an operator who is licensed by the Federal | ||
Communications Commission while operating a radio frequency device | ||
other than a handheld wireless communication device; or | ||
(3) an operator of a moving motor vehicle using a | ||
handheld wireless communication device to report illegal activity | ||
or summon emergency help. | ||
(e) Except as provided by Subsection (f), this section | ||
preempts all local ordinances, rules, or regulations that are | ||
inconsistent with specific provisions of this section adopted by a | ||
political subdivision of this state relating to the use of a | ||
wireless communication device by the operator of a motor vehicle. | ||
(f) A political subdivision of this state may adopt a local | ||
ordinance, rule, or regulation relating to an operator using a | ||
handheld wireless communication device to read, write, or send a | ||
text-based communication while operating a motor vehicle that is | ||
more stringent than this section. | ||
SECTION 5. This Act takes effect September 1, 2013. |