Bill Text: TX HB771 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the placement of warning signs in areas where the use of a wireless communication device is prohibited.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-15 - Effective on 9/1/19 [HB771 Detail]

Download: Texas-2019-HB771-Enrolled.html
 
 
  H.B. No. 771
 
 
 
 
AN ACT
  relating to the placement of warning signs in areas where the use of
  a wireless communication device is prohibited.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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; LOCAL AUTHORITY [POLITICAL SUBDIVISION] SIGN
  REQUIREMENTS; OFFENSE.
         SECTION 2.  Section 545.425, Transportation Code, is amended
  by amending Subsections (b-1), (b-2), (b-4), (c), and (d-1) and
  adding Subsection (e-1) to read as follows:
         (b-1)  Except as provided by Subsection (b-2), a local
  authority [a municipality, county, or other political subdivision]
  that enforces this section in a school crossing zone in the local
  authority's jurisdiction shall post a sign, or approve the posting
  of a sign by a school or school district, that complies with the
  standards described by this subsection at each [the] entrance to
  the [each] school crossing zone [in the municipality, county, or
  other political subdivision].  The Texas Department of
  Transportation [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.
         (b-2)  A local authority [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 local authority [political subdivision] is
  not required to post a sign as required by Subsection (b-1) and
  shall:
               (1)  post signs that are located at each point at which
  a state highway, U.S. highway, or interstate highway enters the
  jurisdiction of the local authority [political subdivision] and
  that state:
                     (A)  that an operator is prohibited from using a
  wireless communication device while operating a motor vehicle in
  the jurisdiction of the local authority [political subdivision],
  and whether use of a wireless communication device with a
  hands-free device is allowed in the jurisdiction of the local
  authority [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 jurisdiction of the local authority [political
  subdivision]; and
               (2)  subject to all applicable United States Department
  of Transportation Federal Highway Administration rules, post a
  message that complies with Subdivision (1) on any dynamic message
  sign operated by the local authority [political subdivision]
  located on a state highway, U.S. highway, or interstate highway in
  the jurisdiction of the local authority [political subdivision].
         (b-4)  The local authority [political subdivision] shall pay
  the costs associated with the posting of signs under Subsections
  (b-1) and [Subsection] (b-2), unless the authority enters an
  agreement providing otherwise.
         (c)  An operator may not use a wireless communication device
  while operating a school bus or passenger bus with a minor passenger
  on the bus unless the [passenger] bus is stopped.
         (d-1)  The affirmative defense available in Subsection
  (d)(2) is not available for an offense under Subsection (b)
  committed in a school crossing zone located in the jurisdiction of a
  local authority [a municipality, county, or other political
  subdivision] that is in compliance with Subsection (b-2).
         (e-1)  Subsection (c) does not apply to an operator of a
  school bus or passenger bus using a wireless communication device:
               (1)  in the performance of the operator's duties as a
  bus driver; and
               (2)  in a manner similar to using a two-way radio.
         SECTION 3.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 771 was passed by the House on
  April 
  24, 2019, by the following vote:  Yeas 146, Nays 0, 2
  present, not voting; and that the House concurred in Senate
  amendments to H.B. No. 771 on May 23, 2019, by the following
  vote:  Yeas 132, Nays 4, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 771 was passed by the Senate, with
  amendments, on May 20, 2019, by the following vote:  Yeas 31,
  Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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