Ben Brezina, Assistant to the City Manag
Post Number: 413
|Posted on Tuesday, May 14, 2013 - 10:00 am: |
Below is a portion of the statute that covers this. If the vehicle is “stopped” then a wireless communication device may be used. Officers in unmarked vehicles would also be exempt if they are using their phones in some official capacity.
Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE; OFFENSE. (a) In this section:
(1) "Hands-free device" means speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands.
(2) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. Section 332.
(b) Except as provided by Subsection (c), an operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, as defined by Section 541.302, Transportation Code, unless:
(1) the vehicle is stopped; or
(2) the wireless communication device is used with a hands-free device.