84R661 JXC-D
	By: Menéndez	H.B. No. 141

	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.  Section 545.001, Transportation Code, is amended
	by adding Subdivisions (3) and (4) to read as follows:
	(3)  "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 the wireless communication device without use of either of
	the operator's hands.
	(4)  "Wireless communication device" means a device
	that uses a commercial mobile service, as defined by 47 U.S.C.
	Section 332.
	SECTION 2.  The heading to Section 545.425, Transportation
	Code, is amended to read as follows:
	Sec. 545.425.  USE OF WIRELESS COMMUNICATION DEVICE WHILE
	OPERATING MOTOR VEHICLE ON SCHOOL PROPERTY OR IN [A] SCHOOL
	CROSSING ZONE [OR WHILE OPERATING A SCHOOL BUS WITH A MINOR
	PASSENGER]; OFFENSE.
	SECTION 3.  Sections 545.425(a), (b), (b-1), (c), (d), and
	(f), Transportation Code, are amended to read as follows:
	(a)  An operator may not use 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's transmission is in park;
	(2)  the vehicle's parking brake is applied; or
	(3)  the operator uses the wireless communication
	device with a hands-free device [In this section:
	[(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 the wireless communication device without use of
	either of the operator's hands.
	[(2)     "Wireless communication device" means a device
	that uses a commercial mobile service, as defined by 47 U.S.C.
	Section 332].
	(b)  An [Except as provided by Subsection (c), an] operator
	may not use a wireless communication device while operating a motor
	vehicle in [within] a school crossing zone[, as defined by Section
	541.302, Transportation Code,] unless:
	(1)  the vehicle's transmission is in park;
	(2)  the vehicle's parking brake is applied [vehicle is
	stopped]; or
	(3) [(2)]  the operator uses the wireless
	communication device [is used] with a hands-free device.
	(b-1)  Except as provided by Subsection (b-2), a
	municipality, county, or other political subdivision that enforces
	Subsection (b) [this section] shall post a sign that complies with
	the standards described by this subsection at the entrance to each
	school crossing zone in the municipality, county, or other
	political subdivision. The department shall adopt standards that:
	(1)  allow for a sign required to be posted under this
	subsection to be attached to an existing sign at a minimal cost; and
	(2)  require that a sign required to be posted under
	this subsection 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.
	(c)  An offense under this section is a misdemeanor
	punishable by a fine of not less than $125 or more than $200
	[operator may not use a wireless communication device while
	operating a passenger bus with a minor passenger on the bus unless
	the passenger bus is stopped].
	(d)  It is an affirmative defense to prosecution of an
	offense [under this section that]:
	(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 law enforcement agency [police
	department]; and [or]
	(2)  under Subsection (b) that a sign required by
	Subsection (b-1) was not posted at the entrance to the school
	crossing zone at the time of an offense committed in the school
	crossing zone.
	(f)  This [Except as provided by Subsection (b-2), this]
	section does not preempt a [preempts all] local ordinance, rule, or
	regulation [ordinances, rules, or regulations that are
	inconsistent with specific provisions of this section] adopted by a
	political subdivision [of this state] 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 section.
	SECTION 4.  Subchapter I, Chapter 545, Transportation Code,
	is amended by adding Section 545.4251 to read as follows:
	Sec. 545.4251.  GENERAL USE OF WIRELESS COMMUNICATION DEVICE
	WHILE OPERATING MOTOR VEHICLE; OFFENSE. (a) An operator may not use
	a wireless communication device while operating a motor vehicle
	unless:
	(1)  the vehicle's transmission is in park;
	(2)  the vehicle's parking brake is applied; or
	(3)  the operator uses the wireless communication
	device:
	(A)  with a hands-free device;
	(B)  for voice communication, including for
	reading, selecting, or entering a number or name for the purposes of
	making a voice call; or
	(C)  for navigation.
	(b)  An offense under this section is a misdemeanor
	punishable by a fine of not less than $25 or more than $100.
	(c)  This section 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.
	(d)  This section 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 section.
	SECTION 5.  Subchapter I, Chapter 545, Transportation Code,
	is amended by adding Section 545.4261 to read as follows:
	Sec. 545.4261.  USE OF WIRELESS COMMUNICATION DEVICE WHILE
	OPERATING PASSENGER BUS WITH MINOR PASSENGER; OFFENSE. (a) An
	operator may not use a wireless communication device while
	operating a passenger bus with a passenger under 18 years of age on
	the bus unless:
	(1)  the transmission of the bus is in park; or
	(2)  the parking brake of the bus is applied.
	(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 law enforcement agency.
	(c)  This section does not apply to an operator who is
	licensed by the Federal Communications Commission while operating a
	radio frequency device other than a wireless communication device.
	(d)  This section 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 section.
	SECTION 6.  Sections 545.424(f) and 545.4252,
	Transportation Code, are repealed.
	SECTION 7.  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 8.  This Act takes effect September 1, 2015.