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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a wireless communication device while |
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operating a motor vehicle; amending provisions subject to a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 545.4251, Transportation |
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Code, as effective September 1, 2017, is amended to read as follows: |
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Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION |
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DEVICE WHILE OPERATING MOTOR VEHICLE [FOR ELECTRONIC MESSAGING]; |
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OFFENSE. |
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SECTION 2. Section 545.4251, Transportation Code, as |
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effective September 1, 2017, is amended by amending Subsections |
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(a), (b), (c), (h), and (j) and adding Subsection (c-1) to read as |
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follows: |
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(a) In this section: |
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(1) "Hands-free device" means speakerphone |
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capability, a telephone attachment, or another function or other |
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piece of equipment, regardless of whether permanently installed in |
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or on a wireless communication device or in a motor vehicle, that |
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allows use of the wireless communication device without use of |
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either of the operator's hands, except to activate or deactivate a |
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function of the wireless communication device or hands-free device. |
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The term includes voice-operated technology and a push-to-talk |
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function ["Electronic message" means data that is read from or
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entered into a wireless communication device for the purpose of
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communicating with another person]. |
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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 |
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U.S.C. Section 332 [has the meaning assigned by Section 545.425]. |
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(b) An operator commits an offense if the operator uses a |
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portable wireless communication device [to read, write, or send an
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electronic message] while operating a motor vehicle unless the |
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vehicle is stopped. To be prosecuted, the behavior must be |
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committed in the presence of or within the view of a peace officer |
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or established by other evidence. |
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(c) Except as provided by Subsection (c-1), it [It] is an |
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affirmative defense to prosecution of an offense under this section |
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that the operator used a portable wireless communication device: |
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(1) in conjunction with a hands-free device[, as
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defined by Section 545.425]; |
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(2) to navigate using a global positioning system or |
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navigation system; |
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(3) to report illegal activity, summon emergency help, |
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or enter information into a software application that provides |
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information relating to traffic and road conditions to users of the |
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application; |
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(4) to read a [an electronic] message that the person |
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reasonably believed concerned an emergency; |
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(5) that was permanently or temporarily affixed to the |
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vehicle to relay information in the course of the operator's |
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occupational duties between the operator and: |
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(A) a dispatcher; or |
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(B) a digital network or software application |
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service; or |
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(6) to activate a function that plays audio content |
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[music]. |
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(c-1) The affirmative defenses in Subsections (c)(1), (2), |
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(4), (5), and (6) are not available for an offense under Subsection |
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(b) committed by a person under 18 years of age or by a person |
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operating a school bus with a minor passenger on the bus. |
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(h) The Texas Department of Transportation shall post a sign |
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at each point at which an interstate highway or United States |
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highway enters this state that informs an operator that: |
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(1) the use of a portable wireless communication |
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device [for electronic messaging] while operating a motor vehicle |
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is prohibited in this state; and |
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(2) the operator is subject to a fine if the operator |
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uses a portable wireless communication device [for electronic
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messaging] while operating a motor vehicle in this state. |
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(j) This section preempts all local ordinances, rules, or |
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other regulations adopted by a local authority [political
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subdivision] relating to the use of a portable wireless |
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communication device by the operator of a motor vehicle [to read,
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write, or send an electronic message]. |
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SECTION 3. Sections 545.424(a), (b), (f), and (g), 545.425, |
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and 545.4252, Transportation Code, as effective September 1, 2017, |
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are repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2017, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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date, this Act takes effect on the 91st day after the last day of the |
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legislative session. |