Tex.
Transp. Code Section 545.4252
Use of Wireless Communication Device on School Property; Offense
(a)
In this section:(1)
“Hands-free device” has the meaning assigned by 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).(2)
“Wireless communication device” has the meaning assigned by 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).(b)
Except as provided by 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)(c), an operator may not use a wireless communication device while operating a motor vehicle on the property of a public elementary, middle, junior high, or high school for which a local authority has designated a school crossing zone, during the time a reduced speed limit is in effect for the school crossing zone, unless:(1)
the vehicle is stopped; or(2)
the wireless communication device is used with a hands-free device.(c)
It is an affirmative defense to prosecution of an offense under this section that the wireless communication device was used to make an emergency call to:(1)
an emergency response service, including a rescue, emergency medical, or hazardous material response service;(2)
a hospital;(3)
a fire department;(4)
a health clinic;(5)
a medical doctor’s office;(6)
an individual to administer first aid treatment; or(7)
a police department.(d)
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)
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, except that a political subdivision may by ordinance or rule prohibit the use of a wireless communication device while operating a motor vehicle throughout the jurisdiction of the political subdivision.
Source:
Section 545.4252 — Use of Wireless Communication Device on School Property; Offense, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.4252 (accessed May 26, 2025).
