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.