"No texting and driving" law goes into effect today

Put the cell phone down when you're behind the wheel or you could get be hit with a misdemeanor and fined between $25-$4,000 plus up to a year in jail, but a cop can't take your phone or even inspect it to see if you were in fact texting...

Here's the full read:

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