USE OF WIRELESS COMMUNICATION DEVICE ON SCHOOL PROPERTY; OFFENSE.
Tex. TRANSP Code § 545.4252.
in effect(a) In this section:
(1) "Hands-free device" has the meaning assigned by Section 545.425 .
(2) "Wireless communication device" has the meaning assigned by Section 545.425 .
(b) Except as provided by Section 545.425 (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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 240 (H.B. 347 ), Sec. 2, eff. September 1, 2013.