84R874 JXC-D
	By: Turner of Tarrant	H.B. No. 1352

	A BILL TO BE ENTITLED
	AN ACT
	relating to the use of a wireless communication device while
	operating a motor vehicle; creating an offense and providing
	penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 545, Transportation Code, is amended by
	adding Subchapter H-1 to read as follows:
	SUBCHAPTER H-1. USE OF WIRELESS COMMUNICATION DEVICE
	Sec. 545.381.  DEFINITIONS. In this subchapter:
	(1)  "Hands-free device" means speakerphone capability
	or a telephone attachment or other piece of equipment, regardless
	of whether permanently installed in the motor vehicle, that allows
	use of a wireless communication device without use of either of the
	operator's hands.
	(2)  "Text-based communication" includes:
	(A)  a text message;
	(B)  an instant message;
	(C)  an e-mail; or
	(D)  another type of written electronic message.
	(3)  "Wireless communication device" means a device
	that uses a commercial mobile service, as defined by 47 U.S.C.
	Section 332.
	Sec. 545.382.  APPLICABILITY. This subchapter does not
	apply to:
	(1)  an operator of an authorized emergency vehicle
	using a 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 wireless communication device.
	Sec. 545.383.  PREEMPTION. This subchapter does not preempt
	a local ordinance, rule, or regulation adopted by a political
	subdivision relating to the use of a wireless communication device
	by the operator of a motor vehicle that is consistent with or more
	stringent than the provisions of this subchapter.
	Sec. 545.384.  USE OF WIRELESS COMMUNICATION DEVICE TO SEND
	TEXT-BASED COMMUNICATION WHILE OPERATING MOTOR VEHICLE WHEN MINOR
	PRESENT; OFFENSE. (a) An operator commits an offense if the
	operator uses at least one hand to read, write, or send a text-based
	communication with a wireless communication device while operating
	a motor vehicle when a person under 18 years of age is in the vehicle
	unless the vehicle is stopped.
	(b)  An offense under this section is a misdemeanor
	punishable by a fine of not more than $100, 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 not more than
	$200.
	(c)  The Texas Department of Transportation shall post a sign
	at each point at which an interstate highway or U.S. highway enters
	this state that informs an operator that:
	(1)  the use of a wireless communication device to
	read, write, or send a text-based communication while operating a
	motor vehicle when a person under 18 years of age is in the vehicle
	is prohibited in this state; and
	(2)  the operator is subject to a fine if the operator
	violates the prohibition.
	(d)  It is a defense to prosecution under this section that
	the operator used a wireless communication device:
	(1)  in conjunction with a hands-free device;
	(2)  to navigate using a global positioning system or
	navigation service;
	(3)  to report illegal activity or summon emergency
	help;
	(4)  to read a text-based communication that the person
	reasonably believes concerns an emergency; or
	(5)  to relay information between the operator and a
	dispatcher in the course of the operator's occupational duties, if
	the device was affixed to the vehicle.
	Sec. 545.385.  USE OF WIRELESS COMMUNICATION DEVICE WHILE
	OPERATING PASSENGER BUS WITH A MINOR PASSENGER; OFFENSE. (a) An
	operator commits an offense if the operator uses a wireless
	communication device while operating a passenger bus with a
	passenger who is under 18 years of age on the bus unless the bus is
	stopped.
	(b)  It is an affirmative defense to prosecution of an
	offense under this section that the wireless communication device
	was used to make an emergency call to:
	(1)  an emergency response service, including a rescue,
	emergency medical, or hazardous material response service;
	(2)  a hospital;
	(3)  a fire department;
	(4)  a health clinic;
	(5)  a medical doctor's office;
	(6)  an individual to administer first aid treatment;
	or
	(7)  a police department.
	Sec. 545.386.  USE OF WIRELESS COMMUNICATION DEVICE WHILE
	OPERATING MOTOR VEHICLE ON SCHOOL PROPERTY OR IN SCHOOL CROSSING
	ZONE; OFFENSE. (a) An operator commits an offense if the operator
	uses a wireless communication device while operating a motor
	vehicle on the property of a public elementary, middle, junior
	high, or high school for which a local authority has designated a
	school crossing zone, during the time a reduced speed limit is in
	effect for the school crossing zone, unless:
	(1)  the vehicle is stopped; or
	(2)  the operator uses the device with a hands-free
	device.
	(b)  An operator commits an offense if the operator uses a
	wireless communication device while operating a motor vehicle in a
	school crossing zone unless:
	(1)  the vehicle is stopped; or
	(2)  the operator uses the wireless communication
	device with a hands-free device.
	(c)  It is an affirmative defense to prosecution of an
	offense:
	(1)  under this section that the wireless communication
	device was used to make an emergency call to:
	(A)  an emergency response service, including a
	rescue, emergency medical, or hazardous material response service;
	(B)  a hospital;
	(C)  a fire department;
	(D)  a health clinic;
	(E)  a medical doctor's office;
	(F)  an individual to administer first aid
	treatment; or
	(G)  a police department; or
	(2)  under Subsection (b) that:
	(A)  the offense was committed in a school
	crossing zone located in a political subdivision other than a
	political subdivision that is in compliance with Subsection (e);
	and
	(B)  a sign required by Subsection (d) was not
	posted at the time of the offense.
	(d)  Except as provided by Subsection (e), a political
	subdivision that enforces Subsection (b) shall post a warning sign
	at each entrance to a school crossing zone in the political
	subdivision. The political subdivision shall pay the costs
	associated with posting the signs in the political subdivision. The
	department shall adopt standards that:
	(1)  allow for the signs to be attached to existing
	signs at a minimal cost; and
	(2)  require that the signs 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.
	(e)  A political subdivision that by ordinance or rule
	prohibits the use of a wireless communication device while
	operating a motor vehicle throughout the jurisdiction of the
	political subdivision is not required to post a warning sign
	required by Subsection (d) if the political subdivision:
	(1)  posts warning signs that are readable to an
	operator traveling at the applicable speed limit 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
	(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 applicable United States Department of
	Transportation Federal Highway Administration rules, 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.
	Sec. 545.387.  USE OF WIRELESS COMMUNICATION DEVICE BY
	PERSON UNDER 18 YEARS OF AGE WHILE OPERATING A MOTOR VEHICLE;
	OFFENSE. (a)  A person under 18 years of age commits an offense if
	the person operates a motor vehicle while using a wireless
	communication device, except in case of emergency.
	(b)  A person under 17 years of age who holds a restricted
	motorcycle license or moped license commits an offense if the
	person operates a motorcycle or moped while using a wireless
	communication device, except in case of emergency.
	(c)  A peace officer may not stop a vehicle or detain the
	operator of a vehicle for the sole purpose of determining whether
	the operator of the vehicle has violated this section.
	(d)  This section does not apply to 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.
	SECTION 2.  Sections 545.424(a), (b), and (f), 545.425, and
	545.4252, Transportation Code, are repealed.
	SECTION 3.  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 4.  This Act takes effect September 1, 2015.