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A BILL TO BE ENTITLED
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AN ACT
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relating to distracted driving; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 542, Transportation Code, |
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is amended by adding Section 542.2034 to read as follows: |
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Sec. 542.2034. LIMITATION ON LOCAL AUTHORITIES' REGULATION |
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OF DISTRACTED DRIVING. (a) In this section, "wireless |
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communication device" has the meaning assigned by Section 545.425. |
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(b) Except as provided by Subsection (c), a local authority |
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may not regulate or prohibit distracted driving, including the use |
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of a wireless communication device while operating a motor vehicle. |
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(c) A local authority may enforce the laws of this state |
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relating to distracted driving, including Sections 545.424, |
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545.425, 545.4251, 545.4252, and 545.4253. |
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SECTION 2. The heading to Section 545.425, Transportation |
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Code, as effective September 1, 2017, is amended to read as follows: |
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Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE IN A |
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SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR |
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PASSENGER; LOCAL AUTHORITY [POLITICAL SUBDIVISION] SIGN |
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REQUIREMENTS; OFFENSE. |
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SECTION 3. Section 545.425(b-1), Transportation Code, is |
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amended to read as follows: |
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(b-1) A [Except as provided by Subsection (b-2), a] |
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municipality, county, or other local authority [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 local authority [political subdivision]. The department |
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shall adopt 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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SECTION 4. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.4253 to read as follows: |
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Sec. 545.4253. COLLISION DURING DISTRACTED DRIVING; |
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OFFENSE. (a) A person commits an offense if the person causes or is |
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at fault in a collision while operating a moving motor vehicle and |
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engaging in an activity that: |
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(1) is not related to the operation of the motor |
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vehicle; and |
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(2) interferes with the driver's ability to pay |
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attention to the road. |
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(b) An offense under this section is: |
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(1) a Class C misdemeanor; or |
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(2) a state jail felony if it is shown on the trial of |
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the offense that as a result of the offense, an individual suffered |
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serious bodily injury or death. |
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SECTION 5. (a) Sections 545.425(b-2) and 545.4251(j), |
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Transportation Code, as effective September 1, 2017, are repealed. |
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(b) Sections 545.425(b-3), (b-4), (d-1), and (f) and |
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545.4252(e), Transportation Code, are repealed. |
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SECTION 6. 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 7. 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. |