H.B.�No.�55
AN ACT
relating to an offense of using 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
to read as follows:
�������Sec.�545.425.��USE OF WIRELESS COMMUNICATION DEVICE; OFFENSE
[BY CERTAIN MOTORISTS]. (a) �In this section:
�������������(1)"Hands-free device"means speakerphone capability
or a telephone attachment or other piece of equipment, regardless
of whether permanently installed in the motor vehicle, that allows
use of the wireless communication device without use of either of
the operator's hands.
�������������(2)"Wireless communication device" means a device
that uses a commercial mobile service, as defined by 47 U.S.C.
Section 332.
�������(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.
�������(b-1)A municipality, county, or other political
subdivision that enforces this section shall post a sign that
complies with the standards described by this subsection at the
entrance to each school crossing zone in the municipality, county,
or other political subdivision. The 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.
�������(c)��An operator [A person] may not use a wireless
communication device while operating a passenger bus with a minor
passenger on the bus unless [except in case of emergency or if] the
passenger bus is stopped [not in motion].
�������(d)It is an affirmative defense to prosecution of an
offense under this section that:
�������������(1)the wireless communication device was used to make
an emergency call to:
�������������������(A)an emergency response service, including a
rescue, emergency medical, or hazardous material response service;
�������������������(B)��a hospital;
�������������������(C)��a fire department;
�������������������(D)��a health clinic;
�������������������(E)��a medical doctor's office;
�������������������(F)an individual to administer first aid
treatment; or
�������������������(G)��a 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)��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.
�������(f)This 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.
�������SECTION�2.��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�3.��This Act takes effect September 1, 2009.
______________________________ ______________________________
���President of the Senate Speaker of the House�����
�������I certify that H.B. No. 55 was passed by the House on May 15,
2009, by the following vote:��Yeas 106, Nays 32, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 55 on May 29, 2009, by the following vote:��Yeas 138, Nays 4, 1
present, not voting.
______________________________
Chief Clerk of the House���
�������I certify that H.B. No. 55 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote:��Yeas 27, Nays
4.
______________________________
Secretary of the Senate���
APPROVED: __________________
����������������Date�������
�������� __________________
��������������Governor�������