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AN ACT
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relating to an offense of using a wireless communication device |
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while operating a motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.425, Transportation Code, is amended |
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to read as follows: |
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Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE; OFFENSE |
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[BY CERTAIN MOTORISTS]. (a) In this section: |
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(1) "Hands-free device" means speakerphone capability |
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or a telephone attachment or other piece of equipment, regardless |
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of whether permanently installed in the motor vehicle, that allows |
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use of the wireless communication device without use of either of |
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the operator's hands. |
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(2) "Wireless communication device" means a device |
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that uses a commercial mobile service, as defined by 47 U.S.C. |
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Section 332. |
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(b) Except as provided by Subsection (c), an operator may |
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not use a wireless communication device while operating a motor |
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vehicle within a school crossing zone, as defined by Section |
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541.302, Transportation Code, unless: |
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(1) the vehicle is stopped; or |
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(2) the wireless communication device is used with a |
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hands-free device. |
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(b-1) A municipality, county, or other political |
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subdivision that enforces this section shall post a sign that |
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complies with the standards described by this subsection at the |
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entrance to each school crossing zone in the municipality, county, |
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or other political subdivision. The department shall adopt |
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standards that: |
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(1) allow for a sign required to be posted under this |
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subsection to be attached to an existing sign at a minimal cost; and |
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(2) require that a sign required to be posted under |
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this subsection inform an operator that: |
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(A) the use of a wireless communication device is |
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prohibited in the school crossing zone; and |
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(B) the operator is subject to a fine if the |
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operator uses a wireless communication device in the school |
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crossing zone. |
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(c) An operator [A person] may not use a wireless |
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communication device while operating a passenger bus with a minor |
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passenger on the bus unless [except in case of emergency or if] the |
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passenger bus is stopped [not in motion]. |
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(d) It is an affirmative defense to prosecution of an |
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offense under this section that: |
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(1) the wireless communication device was used to make |
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an emergency call to: |
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(A) an emergency response service, including a |
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rescue, emergency medical, or hazardous material response service; |
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(B) a hospital; |
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(C) a fire department; |
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(D) a health clinic; |
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(E) a medical doctor's office; |
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(F) an individual to administer first aid |
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treatment; or |
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(G) a police department; or |
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(2) a sign required by Subsection (b-1) was not posted |
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at the entrance to the school crossing zone at the time of an |
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offense committed in the school crossing zone. |
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(e) This section does not apply to: |
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(1) an operator of an authorized emergency vehicle |
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using a wireless communication device while acting in an official |
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capacity; or |
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(2) an operator who is licensed by the Federal |
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Communications Commission while operating a radio frequency device |
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other than a wireless communication device. |
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(f) This section preempts all local ordinances, rules, or |
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regulations that are inconsistent with specific provisions of this |
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section adopted by a political subdivision of this state relating |
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to the use of a wireless communication device by the operator of a |
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motor vehicle. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 55 was passed by the House on May 15, |
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2009, by the following vote: Yeas 106, Nays 32, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 55 on May 29, 2009, by the following vote: Yeas 138, Nays 4, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 55 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 27, Nays |
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4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |