Tex.
Transp. Code Section 545.425
Use of Wireless Communication Device in a School Crossing Zone or While Operating a Bus with a Minor Passenger; Local Authority Sign Requirements; Offense
(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. The term includes voice-operated technology and a push-to-talk function.(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 (Traffic Areas), Transportation Code, unless:(1)
the vehicle is stopped; or(2)
the wireless communication device is used with a hands-free device.(b-1)
Except as provided by Subsection (b-2), a local authority that enforces this section in a school crossing zone in the local authority’s jurisdiction shall post a sign, or approve the posting of a sign by a school or school district, that complies with the standards described by this subsection at each entrance to the school crossing zone. The Texas Department of Transportation 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.(b-2)
A local authority that by ordinance or rule prohibits the use of a wireless communication device while operating a motor vehicle, including a prohibition that contains an exception for the use of a wireless communication device with a hands-free device, throughout the jurisdiction of the local authority is not required to post a sign as required by Subsection (b-1) and shall:(1)
post signs that are located at each point at which a state highway, U.S. highway, or interstate highway enters the jurisdiction of the local authority and that state:(A)
that an operator is prohibited from using a wireless communication device while operating a motor vehicle in the jurisdiction of the local authority, and whether use of a wireless communication device with a hands-free device is allowed in the jurisdiction of the local authority; and(B)
that the operator is subject to a fine if the operator uses a wireless communication device while operating a motor vehicle in the jurisdiction of the local authority; and(2)
subject to all applicable United States Department of Transportation Federal Highway Administration rules, post a message that complies with Subdivision (1) on any dynamic message sign operated by the local authority located on a state highway, U.S. highway, or interstate highway in the jurisdiction of the local authority.(b-3)
A sign posted under Subsection (b-2)(1) must be readable to an operator traveling at the applicable speed limit.(b-4)
The local authority shall pay the costs associated with the posting of signs under Subsections (b-1) and (b-2), unless the authority enters an agreement providing otherwise.(c)
An operator may not use a wireless communication device while operating a school bus or passenger bus with a minor passenger on the bus unless the bus is stopped.(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.(d-1)
The affirmative defense available in Subsection (d)(2) is not available for an offense under Subsection (b) committed in a school crossing zone located in the jurisdiction of a local authority that is in compliance with Subsection (b-2).(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.(e-1)
Subsection (c) does not apply to an operator of a school bus or passenger bus using a wireless communication device:(1)
in the performance of the operator’s duties as a bus driver; and(2)
in a manner similar to using a two-way radio.(f)
Except as provided by Subsection (b-2), 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.
Source:
Section 545.425 — Use of Wireless Communication Device in a School Crossing Zone or While Operating a Bus with a Minor Passenger; Local Authority Sign Requirements; Offense, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.425 (accessed Apr. 20, 2024).
