|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
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, [or] a telephone attachment, or another function or |
|
other piece of equipment, regardless of whether permanently |
|
installed in or on a wireless communication device or in a [the] |
|
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. |