Bill Text: TX HB41 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the use of a wireless communication device while operating a motor vehicle; providing for penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-26 - Left pending in committee [HB41 Detail]
Download: Texas-2013-HB41-Introduced.html
83R394 TRH-D | ||
By: Menendez | H.B. No. 41 |
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relating to the use of a wireless communication device while | ||
operating a motor vehicle; providing for penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 545.425(a), Transportation Code, is | ||
amended by adding Subdivision (1-a) to read as follows: | ||
(1-a) "School crossing zone" has the meaning assigned | ||
by Section 541.302. | ||
SECTION 2. Section 545.425, Transportation Code, is amended | ||
by amending Subsections (b), (c), (d), and (f) and adding | ||
Subsection (g) to read as follows: | ||
(b) An [ |
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may not use a wireless communication device while operating a motor | ||
vehicle [ |
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(1) the vehicle's transmission is in park; | ||
(2) the vehicle's parking brake is applied [ |
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(3) [ |
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with a hands-free device. | ||
(c) For the purposes of this section, use of a wireless | ||
communication device includes dialing a telephone number or using | ||
the device to read, write, or send a text-based or e-mail-based | ||
communication. [ |
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(d) It is an affirmative defense to prosecution of an | ||
offense under this section that[ |
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[ |
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make an emergency call to: | ||
(1) [ |
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rescue, emergency medical, or hazardous material response service; | ||
(2) [ |
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(3) [ |
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(4) [ |
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(5) [ |
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(6) [ |
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treatment; or | ||
(7) a law enforcement agency [ |
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[ |
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(f) This [ |
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section preempts all local 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. | ||
(g) An offense under this section is a misdemeanor | ||
punishable by a fine of: | ||
(1) not less than $25 or more than $100 if the offense | ||
occurs outside a school crossing zone; or | ||
(2) not less than $125 or more than $200 if the offense | ||
occurs within a school crossing zone. | ||
SECTION 3. Sections 545.425(b-1), (b-2), (b-3), (b-4), and | ||
(d-1), Transportation Code, are repealed. | ||
SECTION 4. 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 when 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 was | ||
committed before that date. | ||
SECTION 5. This Act takes effect September 1, 2013. |