Texas § TN.545.4252 - USE OF WIRELESS COMMUNICATION DEVICE ON SCHOOL PROPERTY

§ TN.545.4252. USE OF WIRELESS COMMUNICATION DEVICE ON SCHOOL PROPERTY

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 . (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.