Texas Transportation Code
§ 545.4251 — USE OF PORTABLE WIRELESS COMMUNICATION DEVICE FOR ELECTRONIC MESSAGING; OFFENSE
TN § 545.4251Title 7. VEHICLES AND TRAFFIC · Part C. RULES OF THE ROAD · Ch. 545. OPERATION AND MOVEMENT OF VEHICLES · Art. I. MISCELLANEOUS RULES
Statute text
View on source(a)In this section:
(1)"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" 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. 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;
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Legislative history
Added by Acts 2017, 85th Leg., R.S., Ch. 438 (H.B. 62), Sec. 8, eff. September 1, 2017.