bill banning holding a phone while driving

The text as introduced · 989 words

89R295 JAM-D

By: Zaffirini
S.B. No. 47

A BILL TO BE ENTITLED

AN ACT

relating to 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. This Act may be cited as Allie's Way.

SECTION 2. Section 543.004(a), Transportation Code, is

amended to read as follows:

(a) An officer shall issue a written notice to appear if:

(1) the offense charged is:

(A) speeding;

(B) the use of a wireless communication device

under Section 545.4251 punishable by a fine only ; or

(C) a violation of the open container law,

Section 49.031, Penal Code; and

(2) the person makes a written promise to appear in

court as provided by Section 543.005.

SECTION 3. The heading to Section 545.4251, Transportation

Code, is amended to read as follows:

Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION

DEVICE WHILE OPERATING MOTOR VEHICLE [ FOR ELECTRONIC MESSAGING ];

OFFENSE.

SECTION 4. Section 545.4251, Transportation Code, is

amended by amending Subsections (a), (b), (c), (d), (h), and (j) and

adding Subsection (c-1) to read as follows:

(a) In this section:

(1) "Hands-free device" means speakerphone

capability, a telephone attachment, or another function or other

piece of equipment, regardless of whether permanently installed in

or on a wireless communication device or in a motor vehicle, that

allows use of the wireless communication device without use of

either of the operator's hands, except to activate or deactivate a

function of the wireless communication device or hands-free device

with a swipe or tap of the operator's finger. The term includes

voice-operated technology and a push-to-talk function [ "Electronic

message" means data that is read from or entered into a wireless

communication device for the purpose of communicating with another

person ].

(2) "Wireless communication device" means a device

through which personal wireless services, as defined by 47 U.S.C.

Section 332(c)(7)(C)(i), are transmitted. The term does not include

a device that is only a global navigation satellite system receiver

used for positioning, emergency notification, or navigation

purposes [ has the meaning assigned by Section 545.425 ].

(b) An operator commits an offense if the operator uses a

portable wireless communication device [ to read, write, or send an

electronic message ] while operating a motor vehicle unless the

vehicle is stopped outside a lane of travel . To be prosecuted, the

behavior must be committed in the presence of or within the view of

a peace officer or established by other evidence.

(c) It is an affirmative defense to prosecution of an

offense under this section that the operator used a portable

wireless communication device:

(1) in conjunction with a hands-free device[ , as

defined by Section 545.425 ];

(2) to contact emergency services; or

(3) that was mounted in or on the vehicle solely to

continuously record or broadcast video inside or outside of the

vehicle [ to navigate using a global positioning system or

navigation system;

[ (3) to report illegal activity, summon emergency

help, or enter information into a software application that

provides information relating to traffic and road conditions to

users of the application;

[ (4) to read an electronic message that the person

reasonably believed concerned an emergency;

[ (5) that was permanently or temporarily affixed to

the vehicle to relay information in the course of the operator's

occupational duties between the operator and:

[ (A) a dispatcher; or

[ (B) a digital network or software application

service; or

[ (6) to activate a function that plays music ].

(c-1) The affirmative defense in Subsection (c)(1) is not

available for an offense under Subsection (b) committed by a person

under 18 years of age or by a person operating a school bus with a

minor passenger on the bus.

(d) Subsection (b) does not apply to:

(1) an operator of an authorized emergency or law

enforcement vehicle using a portable wireless communication device

while acting in an official capacity; or

(2) an operator of a commercial motor vehicle, other

than a school bus with a minor passenger on the bus, who uses a

portable wireless communication device while acting in the scope of

the operator's employment and the use is allowed under federal

motor carrier safety regulations, as defined by Section 644.001 [ an

operator who is licensed by the Federal Communications Commission

while operating a radio frequency device other than a portable

wireless communication device ].

(h) The Texas Department of Transportation shall post a sign

at each point at which an interstate highway or United States

highway enters this state that informs an operator that:

(1) the use of a portable wireless communication

device [ for electronic messaging ] while operating a motor vehicle

is prohibited in this state; and

(2) the operator is subject to a fine if the operator

uses a portable wireless communication device [ for electronic

messaging ] while operating a motor vehicle in this state.

(j) This section preempts all local ordinances, rules, or

other regulations adopted by a local authority [ political

subdivision ] relating to the use of a portable wireless

communication device by the operator of a motor vehicle [ to read,

write, or send an electronic message ].

SECTION 5. The following provisions of the Transportation

Code are repealed:

(1) Sections 545.424(a), (b), (f), and (g);

(2) Section 545.425; and

(3) Section 545.4252.

SECTION 6. The changes in law made by this Act apply 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 on the date 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 occurred before that date.

SECTION 7. This Act takes effect September 1, 2025.