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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 portable wireless communication device to |
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send a text-based communication while operating a motor vehicle; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.4251 to read as follows: |
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Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION |
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DEVICE TO SEND TEXT-BASED COMMUNICATION; OFFENSE. (a) In this |
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section: |
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(1) "Text-based communication" means data that is read |
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from or entered into a wireless communication device, including an |
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SMS text, e-mail, instant message, or other form of electronic data |
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retrieval or electronic data communication. |
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(2) "Wireless communication device" has the meaning |
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assigned by Section 545.425. |
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(b) An operator commits an offense if the operator causes or |
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is at fault in a motor vehicle accident while operating a motor |
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vehicle and using a portable wireless communication device to read |
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or manually write or send a text-based communication. |
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(c) Subsection (b) does not apply to: |
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(1) an operator of an authorized emergency or law |
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enforcement vehicle using a portable wireless communication device |
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while acting in an official capacity; or |
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(2) an operator who is licensed by the Federal |
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Communications Commission while operating a radio frequency device |
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other than a portable wireless communication device. |
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(d) This section does not preempt a local ordinance, rule, |
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or regulation adopted by a political subdivision relating to the |
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use of a wireless communication device by the operator of a motor |
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vehicle that is consistent with or more stringent than the |
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provisions of this section. |
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(e) An offense under this section is a Class B misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2015. |