TITLE: Relating to prohibitions on the use of a wireless communication device while operating a motor vehicle.

SUMMARY: Relating to prohibitions on the use of a wireless communication device while operating a motor vehicle.

FULL TEXT:
AN ACT relating to prohibitions on the use of a wireless communication device while operating a motor vehicle. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 545.425, Transportation Code, is amended by amending Subsections (b), (d), and (e), and adding Subsection (c-1) to read as follows: (b) Except as provided by Subsection (c), an operator may not use a wireless communication device while operating a motor vehicle [within a school crossing zone, as defined by Section 541.302, Transportation Code] unless: (1) the vehicle is stopped; or (2) the wireless communication device is used with a hands-free device. (c-1) An operator may not use a wireless communication device to read, write, or send a text-based communication while operating a motor vehicle unless the vehicle is stopped. (d) It is an affirmative defense to prosecution of an offense under Subsection (b) or (c) [this section] that [: [(1)] the wireless communication device was used to make an emergency call to: (1) [(A)] an emergency response service, including a rescue, emergency medical, or hazardous material response service; (2) [(B)] a hospital; (3) [(C)] a fire department; (4) [(D)] a health clinic; (5) [(E)] a medical doctor's office; (6) [(F)] an individual to administer first aid treatment; or (7) [(G)] a law enforcement agency [police department; or [(2) 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].(e) Subsections (b) and (c) do [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. SECTION 2. Section 545.425(b-1), Transportation Code, is repealed. SECTION 3. 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 4. This Act takes effect September 1, 2011.