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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; providing for penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.425(a), Transportation Code, is |
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amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "School crossing zone" has the meaning assigned |
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by Section 541.302. |
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SECTION 2. Section 545.425, Transportation Code, is amended |
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by amending Subsections (b), (c), (d), and (f) and adding |
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Subsection (g) to read as follows: |
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(b) An [Except as provided by Subsection (c), an] operator |
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may 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's transmission is in park; |
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(2) the vehicle's parking brake is applied [vehicle is
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stopped]; or |
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(3) [(2)] the wireless communication device is used |
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with a hands-free device. |
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(c) For the purposes of this section, use of a wireless |
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communication device includes dialing a telephone number or using |
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the device to read, write, or send a text-based or e-mail-based |
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communication. [An operator may not use a wireless communication
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device while operating a passenger bus with a minor passenger on the
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bus unless the passenger bus is stopped.] |
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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 |
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make an emergency call to: |
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(1) [(A)] an emergency response service, including a |
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rescue, emergency medical, or hazardous material response service; |
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(2) [(B)] a hospital; |
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(3) [(C)] a fire department; |
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(4) [(D)] a health clinic; |
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(5) [(E)] a medical doctor's office; |
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(6) [(F)] an individual to administer first aid |
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treatment; or |
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(7) a law enforcement agency [(G)
a police
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department; or
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[(2)
a sign required by Subsection (b-1) was not
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posted 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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(f) This [Except as provided by Subsection (b-2), this] |
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section preempts all local ordinances, rules, or regulations that |
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are inconsistent with specific provisions of this section adopted |
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by a political subdivision of this state relating to the use of a |
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wireless communication device by the operator of a motor vehicle. |
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(g) An offense under this section is a misdemeanor |
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punishable by a fine of: |
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(1) not less than $25 or more than $100 if the offense |
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occurs outside a school crossing zone; or |
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(2) not less than $125 or more than $200 if the offense |
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occurs within a school crossing zone. |
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SECTION 3. Sections 545.425(b-1), (b-2), (b-3), (b-4), and |
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(d-1), Transportation Code, are repealed. |
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SECTION 4. 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 5. This Act takes effect September 1, 2013. |