|
AN ACT
|
| relating to the use of a wireless communication device while |
| operating a motor vehicle; creating a criminal offense; modifying |
| existing criminal penalties. |
| 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. Sections 521.161(b) and (c), Transportation |
| Code, are amended to read as follows: |
| (b) The examination must include: |
| (1) a test of the applicant's: |
| (A) vision; |
| (B) ability to identify and understand highway |
| signs in English that regulate, warn, or direct traffic; |
| (C) knowledge of the traffic laws of this state; |
| [and] |
| (D) knowledge of motorists' rights and |
| responsibilities in relation to bicyclists; and |
| (E) knowledge of the effect of using a wireless |
| communication device, or engaging in other actions that may |
| distract a driver, on the safe or effective operation of a motor |
| vehicle; |
| (2) a demonstration of the applicant's ability to |
| exercise ordinary and reasonable control in the operation of a |
| motor vehicle of the type that the applicant will be licensed to |
| operate; and |
| (3) any additional examination the department finds |
| necessary to determine the applicant's fitness to operate a motor |
| vehicle safely. |
| (c) The department shall give each applicant the option of |
| taking the parts of the examination under Subsections (b)(1)(B), |
| (C), [and] (D), and (E) in writing in addition to or instead of |
| through a mechanical, electronic, or other testing method. If the |
| applicant takes that part of the examination in writing in addition |
| to another testing method, the applicant is considered to have |
| passed that part of the examination if the applicant passes either |
| version of the examination. The department shall inform each |
| person taking the examination of the person's rights under this |
| subsection. |
| SECTION 3. Section 543.004(a), Transportation Code, is |
| amended to read as follows: |
| (a) An officer shall issue a written notice to appear if: |
| (1) the offense charged is: |
| (A) speeding; |
| (B) the use of a wireless communication device |
| under Section 545.4251; or |
| (C) a violation of the open container law, |
| Section 49.031 [49.03], Penal Code; and |
| (2) the person makes a written promise to appear in |
| court as provided by Section 543.005. |
| SECTION 4. Section 545.424, Transportation Code, is amended |
| by amending Subsections (a), (b), and (c) and adding Subsection (g) |
| to read as follows: |
| (a) A person under 18 years of age may not operate a motor |
| vehicle while using a wireless communication [communications] |
| device, except in case of emergency. This subsection does not apply |
| to a person licensed by the Federal Communications Commission while |
| operating a radio frequency device other than a wireless |
| communication device. |
| (b) A person under 17 years of age who holds a restricted |
| motorcycle license or moped license may not operate a motorcycle or |
| moped while using a wireless communication [communications] |
| device, except in case of emergency. This subsection does not apply |
| to a person licensed by the Federal Communications Commission while |
| operating a radio frequency device other than a wireless |
| communication device. |
| (c) Subsection (a-1) [This section] does not apply to[: |
| [(1)] a person operating a motor vehicle while |
| accompanied in the manner required by Section 521.222(d)(2) for the |
| holder of an instruction permit[; or |
| [(2) a person licensed by the Federal Communications |
| Commission to operate a wireless communication device or a radio |
| frequency device]. |
| (g) An offense under Subsection (a) or (b) is a misdemeanor |
| punishable by a fine of at least $25 and not more than $99 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 either |
| subsection, in which event the offense is punishable by a fine of at |
| least $100 and not more than $200. |
| SECTION 5. The heading to Section 545.425, Transportation |
| Code, 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 6. 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. The term includes voice-operated technology and |
| a push-to-talk function. |
| SECTION 7. Section 545.425(b-2), Transportation Code, is |
| amended to read as follows: |
| (b-2) A municipality, county, or other political |
| subdivision that by ordinance or rule prohibits the use of a |
| wireless communication device while operating a motor vehicle, |
| including a prohibition that contains an exception for the use of a |
| wireless communication device with a hands-free device, throughout |
| the jurisdiction of the political subdivision is not required to |
| post a sign as required by Subsection (b-1) and shall [if the |
| political subdivision]: |
| (1) post [posts] signs that are located at each point |
| at which a state highway, U.S. highway, or interstate highway |
| enters the political subdivision and that state: |
| (A) that an operator is prohibited from using a |
| wireless communication device while operating a motor vehicle in |
| the political subdivision, and whether use of a wireless |
| communication device with a hands-free device is allowed in the |
| political subdivision; and |
| (B) that the operator is subject to a fine if the |
| operator uses a wireless communication device while operating a |
| motor vehicle in the political subdivision; and |
| (2) subject to all applicable United States Department |
| of Transportation Federal Highway Administration rules, post |
| [posts] a message that complies with Subdivision (1) on any dynamic |
| message sign operated by the political subdivision located on a |
| state highway, U.S. highway, or interstate highway in the political |
| subdivision. |
| SECTION 8. Subchapter I, Chapter 545, Transportation Code, |
| is amended by adding Section 545.4251 to read as follows: |
| Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION |
| DEVICE FOR ELECTRONIC MESSAGING; OFFENSE. (a) In this section: |
| (1) "Electronic message" means data that is read from |
| or entered into a wireless communication device for the purpose of |
| communicating with another person. |
| (2) "Wireless communication device" has the meaning |
| assigned by Section 545.425. |
| (b) An operator commits an offense if the operator uses a |
| portable wireless communication device to read, write, or send an |
| electronic message while operating a motor vehicle unless the |
| vehicle is stopped. To be prosecuted, the behavior must be |
| committed in the presence of or within the view of a peace officer |
| or established by other evidence. |
| (c) It is an affirmative defense to prosecution of an |
| offense under this section that the operator used a portable |
| wireless communication device: |
| (1) in conjunction with a hands-free device, as |
| defined by Section 545.425; |
| (2) to navigate using a global positioning system or |
| navigation system; |
| (3) to report illegal activity, summon emergency help, |
| or enter information into a software application that provides |
| information relating to traffic and road conditions to users of the |
| application; |
| (4) to read an electronic message that the person |
| reasonably believed concerned an emergency; |
| (5) that was permanently or temporarily affixed to the |
| vehicle to relay information in the course of the operator's |
| occupational duties between the operator and: |
| (A) a dispatcher; or |
| (B) a digital network or software application |
| service; or |
| (6) to activate a function that plays music. |
| (d) Subsection (b) does not apply to: |
| (1) an operator of an authorized emergency or law |
| enforcement vehicle using a portable 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 portable wireless communication device. |
| (e) An offense under this section is a misdemeanor |
| punishable by a fine of at least $25 and not more than $99 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 at |
| least $100 and not more than $200. |
| (f) Notwithstanding Subsection (e), an offense under this |
| section is a Class A misdemeanor punishable by a fine not to exceed |
| $4,000 and confinement in jail for a term not to exceed one year if |
| it is shown on the trial of the offense that the defendant caused |
| the death or serious bodily injury of another person. |
| (g) If conduct constituting an offense under this section |
| also constitutes an offense under any other law, the person may be |
| prosecuted under this section, the other law, or both. |
| (h) 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 portable wireless communication |
| device for electronic messaging while operating a motor vehicle is |
| prohibited in this state; and |
| (2) the operator is subject to a fine if the operator |
| uses a portable wireless communication device for electronic |
| messaging while operating a motor vehicle in this state. |
| (i) A peace officer who stops a motor vehicle for an alleged |
| violation of this section may not take possession of or otherwise |
| inspect a portable wireless communication device in the possession |
| of the operator unless authorized by the Code of Criminal |
| Procedure, the Penal Code, or other law. |
| (j) This section preempts all local ordinances, rules, or |
| other regulations adopted by a political subdivision relating to |
| the use of a portable wireless communication device by the operator |
| of a motor vehicle to read, write, or send an electronic message. |
| SECTION 9. Section 708.052, Transportation Code, is amended |
| by adding Subsection (e-1) to read as follows: |
| (e-1) Notwithstanding Subsection (b), the department may |
| not assign points to a person's license if the offense of which the |
| person was convicted is the offense of using a portable wireless |
| communication device for electronic messaging as described by |
| Section 545.4251. |
| SECTION 10. The changes in law made by this Act to Section |
| 543.004 and Chapter 545, Transportation Code, apply 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 11. This Act takes effect September 1, 2017. |
|
|
| ______________________________ | ______________________________ |
| President of the Senate | Speaker of the House |
|
|
| I certify that H.B. No. 62 was passed by the House on March |
| 16, 2017, by the following vote: Yeas 114, Nays 32, 1 present, not |
| voting; and that the House concurred in Senate amendments to H.B. |
| No. 62 on May 21, 2017, by the following vote: Yeas 123, Nays 17, 2 |
| present, not voting. |
| |
| ______________________________ |
| Chief Clerk of the House |
|
| I certify that H.B. No. 62 was passed by the Senate, with |
| amendments, on May 19, 2017, by the following vote: Yeas 23, Nays |
| 8. |
| |
| ______________________________ |
| Secretary of the Senate |
| APPROVED: __________________ |
| Date |
| |
| __________________ |
| Governor |
