Transportation Code · §545.4251

Child Safety

Child Safety is covered under §545.4251 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Operating motor vehicle; Using a wireless communication device to read/write/send electronic message; Class C misdemeanor (first offense up to $99; subsequent up to $200).

Elements you must prove

  • Operating motor vehicle
  • Using a wireless communication device to read/write/send electronic message
  • Class C misdemeanor (first offense up to $99; subsequent up to $200)

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Worked examples

Worked example 1

Operating a motor vehicle while using a wireless communication device for electronic messaging (texting and driving) under Tex. Transp. Code §545.4251:

  1. Is permitted while driving
  2. Is prohibited statewide; first offense is a Class C misdemeanor with a fine up to $99 (subsequent up to $200), with statutory exceptions for stopped vehicles, hands-free, emergency reports, and GPS use Correct
  3. Is only prohibited in school zones
  4. Is a felony
Why: Statewide texting-while-driving ban. Class C misdemeanor; certain limited exceptions (stopped, hands-free, emergency reporting, GPS). Many cities have stricter ordinances (full handheld bans).
Statute: Tex. Transp. Code §545.4251

Statutory definitions for this topic

Texting while driving (§545.4251) Tex. Transp. Code §545.4251
Statewide prohibition on operating a motor vehicle while using a wireless communication device for electronic messaging. Class C misdemeanor; first offense up to $99 / subsequent up to $200. Limited exceptions for stopped, hands-free, emergency, GPS.