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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 |
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while operating a motor vehicle; creating a criminal offense; |
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modifying existing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Alex Brown Memorial |
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Act. |
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SECTION 2. Sections 521.161(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) The examination must include: |
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(1) a test of the applicant's: |
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(A) vision; |
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(B) ability to identify and understand highway |
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signs in English that regulate, warn, or direct traffic; |
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(C) knowledge of the traffic laws of this state; |
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[and] |
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(D) knowledge of motorists' rights and |
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responsibilities in relation to bicyclists; and |
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(E) knowledge of the effect of using a wireless |
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communication device, or engaging in other actions that may |
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distract a driver, on the safe or effective operation of a motor |
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vehicle; |
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(2) a demonstration of the applicant's ability to |
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exercise ordinary and reasonable control in the operation of a |
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motor vehicle of the type that the applicant will be licensed to |
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operate; and |
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(3) any additional examination the department finds |
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necessary to determine the applicant's fitness to operate a motor |
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vehicle safely. |
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(c) The department shall give each applicant the option of |
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taking the parts of the examination under Subsections (b)(1)(B), |
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(C), [and] (D), and (E) in writing in addition to or instead of |
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through a mechanical, electronic, or other testing method. If the |
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applicant takes that part of the examination in writing in addition |
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to another testing method, the applicant is considered to have |
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passed that part of the examination if the applicant passes either |
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version of the examination. The department shall inform each |
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person taking the examination of the person's rights under this |
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subsection. |
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SECTION 3. Section 545.424, Transportation Code, is amended |
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by adding Subsection (g) to read as follows: |
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(g) An offense under Subsection (a) or (b) is a misdemeanor |
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punishable by a fine of at least $25 and not more than $99 unless it |
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is shown on the trial of the offense that the defendant has been |
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previously convicted at least one time of an offense under this |
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section, in which event the offense is punishable by a fine of at |
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least $100 and not more than $200. |
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SECTION 4. Section 545.425(a)(1), Transportation Code, is |
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amended to read as follows: |
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(1) "Hands-free device" means speakerphone |
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capability, [or] a telephone attachment, or another function or |
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other piece of equipment, regardless of whether permanently |
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installed in or on a wireless communication device or in a [the] |
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motor vehicle, that allows use of the wireless communication device |
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without use of either of the operator's hands, except to activate or |
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deactivate a function of the wireless communication device or |
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hands-free device. |
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SECTION 5. 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 manually entered into a wireless communication device, |
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including an SMS text, e-mail, instant message, or other form of |
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electronic data 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 uses a |
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portable wireless communication device to read, write, or send a |
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text-based communication while operating a motor vehicle unless the |
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vehicle is stopped and is outside a lane of travel. |
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(c) It is a defense to prosecution under Subsection (b) that |
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the operator used a portable wireless communication device: |
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(1) to read, select, or enter a telephone number or |
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name for the purpose of making a telephone call; |
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(2) in conjunction with voice-operated technology, a |
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push-to-talk function, or a hands-free device, as defined by |
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Section 545.425; |
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(3) to navigate using a global positioning system or |
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navigation service; |
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(4) to report illegal activity or summon emergency |
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help; |
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(5) to read a text-based communication that the person |
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reasonably believed concerned an emergency; or |
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(6) that was affixed to the vehicle to relay |
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information between the operator and a dispatcher in the course of |
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the operator's occupational duties. |
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(d) 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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(e) 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 portable wireless communication device by the operator of a |
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motor vehicle that is consistent with or more stringent than the |
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provisions of this section. |
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(f) An offense under this section is a misdemeanor |
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punishable by a fine of at least $25 and not more than $99 unless it |
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is shown on the trial of the offense that the defendant has been |
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previously convicted at least one time of an offense under this |
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section, in which event the offense is punishable by a fine of at |
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least $100 and not more than $200. |
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(g) The Texas Department of Transportation shall post a sign |
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at each point at which an interstate highway or United States |
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highway enters this state that informs an operator that: |
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(1) the use of a portable wireless communication |
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device to read, write, or send a text-based communication while |
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operating a motor vehicle is prohibited in this state; and |
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(2) the operator is subject to a fine if the operator |
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uses a portable wireless communication device to read, write, or |
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send a text-based communication while operating a motor vehicle in |
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this state. |
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(h) A peace officer who stops a motor vehicle for an alleged |
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violation of this section may not take possession of or otherwise |
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inspect a portable wireless communication device in the possession |
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of the operator unless authorized by the Code of Criminal |
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Procedure, the Penal Code, or other law. |
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SECTION 6. Section 708.052, Transportation Code, is amended |
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by adding Subsection (e-1) to read as follows: |
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(e-1) Notwithstanding Subsection (b), the department may |
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not assign points to a person's license if the offense of which the |
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person was convicted is the offense of using a portable wireless |
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communication device to send a text-based communication as |
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described by Section 545.4251. |
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SECTION 7. The changes in law made by this Act to Sections |
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545.424 and 545.425, Transportation Code, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 8. This Act takes effect September 1, 2015. |