Transportation Code § 545.4251 – Use of Portable Wireless Communication Device for Electronic Messaging; Offense

Table of Contents

• Code Details
• Exact Statute Text
• Transportation Code § 545.4251 Summary
• Purpose of Transportation Code § 545.4251
• Real-World Example of Transportation Code § 545.4251
• Related Statutes
• Case Law Interpreting Transportation Code § 545.4251
• Why Transportation Code § 545.4251 Matters in Personal Injury Litigation

Code Details

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES

Exact Statute Text

Click to view the complete statute text

USE OF PORTABLE WIRELESS COMMUNICATION DEVICE FOR ELECTRONIC MESSAGING; OFFENSE. (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;

(2) to navigate using a global positioning system or navigation system;

(3) to report illegal activity, summon emergency help, or enter information into a software application that provides information relating to traffic and road conditions to users of the application;

(4) to read an electronic message that the person reasonably believed concerned an emergency;

(5) that was permanently or temporarily affixed to the vehicle to relay information in the course of the operator’s occupational duties between the operator and:

(A) a dispatcher; or

(B) a digital network or software application service; or

(6) to activate a function that plays music.

(d) Subsection (b) does not apply to:

(1) an operator of an authorized emergency or law enforcement vehicle using a portable 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 portable wireless communication device.

(e) An offense under this section is a misdemeanor punishable by a fine of at least $25 and not more than $99 unless it is shown on the trial of the offense that the defendant has been previously convicted at least one time of an offense under this section, in which event the offense is punishable by a fine of at least $100 and not more than $200.

(f) Notwithstanding Subsection (e), an offense under this section is a Class A misdemeanor punishable by a fine not to exceed $4,000 and confinement in jail for a term not to exceed one year if it is shown on the trial of the offense that the defendant caused the death or serious bodily injury of another person.

(g) If conduct constituting an offense under this section also constitutes an offense under any other law, the person may be prosecuted under this section, the other law, or both.

(h) The Texas Department of Transportation shall post a sign at each point at which an interstate highway or United States highway enters this state that informs an operator that:

(1) the use of a portable wireless communication device for electronic messaging while operating a motor vehicle is prohibited in this state; and

(2) the operator is subject to a fine if the operator uses a portable wireless communication device for electronic messaging while operating a motor vehicle in this state.

(i) A peace officer who stops a motor vehicle for an alleged violation of this section may not take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless authorized by the Code of Criminal Procedure, the Penal Code, or other law.

(j) This section preempts all local ordinances, rules, or other regulations adopted by a political subdivision relating to the use of a portable wireless communication device by the operator of a motor vehicle to read, write, or send an electronic message.

Transportation Code § 545.4251 Summary

This statute, Texas Transportation Code § 545.4251, establishes a statewide prohibition against using a portable wireless communication device for electronic messaging while operating a motor vehicle. Essentially, it bans texting while driving. The law clarifies that an “electronic message” involves data read from or entered into a device to communicate with another person, and a “wireless communication device” is defined elsewhere in Section 545.425. An offense occurs if a driver uses such a device to read, write, or send an electronic message while the vehicle is in motion. However, the rule does not apply if the vehicle is stopped. For prosecution, the behavior must be observed by a peace officer or proven by other evidence.

The law includes several important exceptions and affirmative defenses. Drivers are permitted to use a device with a hands-free system, for GPS navigation, to report emergencies or traffic conditions, to read emergency messages, for occupational duties (like communicating with a dispatcher or a digital network service if the device is affixed to the vehicle), or to play music. Certain individuals, such as operators of emergency vehicles acting officially and FCC-licensed radio operators, are exempt. Penalties start as a misdemeanor with fines ranging from $25 to $99 for a first offense, increasing to $100 to $200 for repeat offenses. Significantly, if texting while driving causes death or serious bodily injury, the offense becomes a Class A misdemeanor, carrying a fine of up to $4,000 and up to one year in jail. The statute also requires the Texas Department of Transportation to post signs warning drivers at state entry points and explicitly states that officers cannot seize or inspect a device without further legal authorization. Furthermore, this state law overrides any local ordinances concerning texting while driving.

Purpose of Transportation Code § 545.4251

The primary legislative purpose behind the enactment of Texas Transportation Code § 545.4251 is to enhance public safety on Texas roadways by addressing the serious and growing problem of distracted driving. This critical law aims to reduce the incidence of accidents, injuries, and fatalities caused by drivers who divert their attention from the road to engage in electronic messaging. By establishing a clear, statewide ban on texting while driving, the statute seeks to create a uniform standard of behavior, eliminate confusion caused by varying local ordinances, and send a strong message about the dangers of using portable wireless devices for communication behind the wheel. The legislation reflects an understanding that even momentary glances away from the road to read or send a text can have devastating consequences, and thus, its intent is to compel drivers to maintain their focus on operating their vehicle safely, thereby protecting themselves, their passengers, and other road users from preventable harm.

Real-World Example of Transportation Code § 545.4251

Imagine a scenario where a driver, Sarah, is heading home on a busy Houston freeway. Her phone buzzes with a new text message. While her car is moving at 60 mph, she picks up her smartphone, glances down to read the message, and then attempts to quickly type a reply. As she’s typing, she drifts slightly into the adjacent lane, narrowly missing another vehicle. A police officer observing this behavior from a patrol car then initiates a traffic stop.

In this situation, Sarah has committed an offense under Transportation Code § 545.4251. She was operating a motor vehicle and using a portable wireless communication device to read and write an “electronic message” while the vehicle was in motion. Her actions were observed by a peace officer, meeting the prosecution requirement. If she were instead using her phone mounted to the dashboard for GPS navigation, or using a Bluetooth headset to speak on a call, or even changing music through her car’s system, these actions would likely fall under one of the statute’s affirmative defenses or exceptions and would not constitute an offense. However, actively reading or typing a text message without being stopped is a direct violation, demonstrating how this statute applies to common distracted driving behaviors.

Related Statutes

Transportation Code § 545.4251 is closely linked to and often referenced alongside Transportation Code § 545.425 – Use of Wireless Communication Device; Offense. This related statute defines key terms that are crucial for understanding the texting-while-driving ban. Specifically, Section 545.425 defines “wireless communication device” and “hands-free device.” The former generally refers to a device that permits the transmission or reception of information by electronic means, including a cellular phone or text messaging device. The latter refers to a device that attaches to the person or to the vehicle and allows the user to engage in a call or otherwise use the device without the use of either of the user’s hands. These definitions from § 545.425 are directly incorporated into § 545.4251, making them essential for interpreting the scope and limitations of the electronic messaging ban, particularly regarding permissible hands-free usage. No other directly integrated statutes are routinely referenced for this specific offense.

Case Law Interpreting Transportation Code § 545.4251

As a relatively recent statute, enacted effective September 1, 2017, specific case law directly interpreting the nuanced definitions or affirmative defenses within Transportation Code § 545.4251 at the appellate level is still developing. While there are numerous trial court cases and appeals related to traffic stops and evidence sufficiency where this statute might be cited as the basis for the stop, finding published opinions that provide in-depth analysis of its various subsections or interpretations of terms like “electronic message” or specific defenses (e.g., “emergency message,” “occupational duties”) is challenging. Many appellate cases concerning similar offenses focus more on Fourth Amendment issues related to the legality of a traffic stop rather than the substantive interpretation of the statute itself.

For example, cases such as *State v. Betts*, 624 S.W.3d 603 (Tex. App.—Houston [1st Dist.] 2020), which discuss the reasonable suspicion for a traffic stop involving a cell phone, may touch upon the statute but often do not offer a deep interpretative dive into each element of § 545.4251.

To explore potentially relevant case law that may mention or apply this statute, a search on Google Scholar for “Texas Transportation Code 545.4251” or “texting while driving Texas case law” may yield results where the statute is referenced. However, no specific case law directly interpreting this statute has been widely published or made easily accessible through standard legal databases that precisely delineates the intricacies of each clause for comprehensive legal analysis at this time.
Link to a Google Scholar search for “Texas Transportation Code 545.4251”

Why Transportation Code § 545.4251 Matters in Personal Injury Litigation

Texas Transportation Code § 545.4251 holds significant weight in personal injury litigation, particularly for individuals who have been injured in an accident caused by a distracted driver. This statute provides a clear legal framework that can establish liability and strengthen a plaintiff’s case.

When a driver violates this “no texting while driving” law and causes an accident, their actions may be considered negligence *per se*. Negligence *per se* means that the defendant’s conduct is automatically deemed negligent because it violates a statute designed to protect the public. If a plaintiff can prove that the defendant was violating § 545.4251 at the time of the collision, it can streamline the process of proving fault, shifting the focus to the extent of damages rather than arguing over whether the driver’s conduct was negligent.

For plaintiffs, evidence of a violation of this statute can be crucial. This might include cell phone records showing active messaging, witness testimony, or even admissions from the at-fault driver. Such evidence directly links the driver’s unlawful and distracted behavior to the cause of the accident, which helps maximize compensation for injuries, medical expenses, lost wages, and pain and suffering.

For defense attorneys, understanding the affirmative defenses outlined in § 545.4251 is vital. If their client was, for instance, using a hands-free device, navigating with GPS, or responding to a legitimate emergency message, these defenses could mitigate or negate allegations of negligence. However, if no defense applies, the statute makes it challenging to argue against the clear breach of duty of care.

Ultimately, Transportation Code § 545.4251 is a powerful tool in personal injury cases, directly impacting how fault is assigned and how effectively victims of distracted driving can pursue justice and recover damages. Its existence underscores the legal system’s commitment to holding negligent, distracted drivers accountable for the harm they cause.