By: Huffines, et al.  S.B. No. 15
         (In the Senate - Filed July 17, 2017; July 20, 2017, read
  first time and referred to Committee on Business & Commerce;
  July 24, 2017, reported favorably by the following vote:  Yeas 7,
  Nays 2; July 24, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to prosecution of certain offenses involving and
  preemption of local regulation of the use of a wireless
  communication device while operating a motor vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 542, Transportation Code,
  is amended by adding Section 542.2034 to read as follows:
         Sec. 542.2034.  PREEMPTION OF LOCAL AUTHORITIES' REGULATION
  OF USE OF WIRELESS COMMUNICATION DEVICE. (a)  In this section,
  "wireless communication device" has the meaning assigned by Section
  545.425.
         (b)  The authority of a local authority to regulate or
  prohibit the use of a wireless communication device while operating
  a motor vehicle is preempted by this code, including Sections
  545.424, 545.425, 545.4251, and 545.4252.
         (c)  This section does not affect the authority of a local
  authority's peace officers to enforce the laws of this state
  relating to the use of a wireless communication device while
  operating a motor vehicle.
         SECTION 2.  The heading to Section 545.425, Transportation
  Code, as effective September 1, 2017, is amended to read as follows:
         Sec. 545.425.  USE OF WIRELESS COMMUNICATION DEVICE IN A
  SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR
  PASSENGER; [POLITICAL SUBDIVISION SIGN REQUIREMENTS;] OFFENSE.
         SECTION 3.  Section 545.425(b-1), Transportation Code, is
  amended to read as follows:
         (b-1)  A local authority whose peace officers enforce
  [Except as provided by Subsection (b-2), a municipality, county, or
  other political subdivision that enforces] this section shall post
  a sign that complies with the standards described by this
  subsection at the entrance to each school crossing zone in the
  territory of the local authority [municipality, county, or other
  political subdivision].  The department shall adopt standards that:
               (1)  allow for a sign required to be posted under this
  subsection to be attached to an existing sign at a minimal cost; and
               (2)  require that a sign required to be posted under
  this subsection inform an operator that:
                     (A)  the use of a wireless communication device is
  prohibited in the school crossing zone; and
                     (B)  the operator is subject to a fine if the
  operator uses a wireless communication device in the school
  crossing zone.
         SECTION 4.  (a)  Sections 545.425(b-3), (b-4), (d-1), and
  (f) and 545.4252(e), Transportation Code, are repealed.
         (b)  Sections 545.425(b-2) and 545.4251(g) and (j),
  Transportation Code, as effective September 1, 2017, are repealed.
         SECTION 5.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 6.  This Act takes effect September 1, 2017, if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for effect on that
  date, this Act takes effect on the 91st day after the last day of the
  legislative session.
 
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