Enrolled Bill Summary

House Bill 55	House Author:  Branch et al.
Effective:  9-1-09	Senate Sponsor:  Carona

            House Bill 55 amends the Transportation Code to prohibit the operator of a motor vehicle from using a wireless communication device within a school crossing zone unless the vehicle is stopped or the wireless communication device is used with a hands-free device.  The bill requires a municipality, county, or other political subdivision that enforces the prohibition to post a sign to inform vehicle operators of the prohibition and requires the Texas Department of Transportation to adopt standards for the sign as prescribed by the bill.  The bill provides that it is an affirmative defense to prosecution of an offense that the required sign was not posted or that the wireless communication device was used to make an emergency call to an emergency response service, hospital, fire or police department, health clinic, medical doctor's office, or an individual to administer first aid treatment.  The bill makes its provisions inapplicable to an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity or a vehicle operator who is licensed by the Federal Communications Commission to operate a radio frequency device other than a wireless communication device.  The bill specifies that its provisions preempt all local ordinances, rules, or regulations relating to the use of a wireless communication device by the operator of a motor vehicle.