Your Phone Behind The Wheel
Transp. Code 545.4251 — reading, writing or sending, unless stopped
A Texas driver commits an offense by using a portable wireless communication device to read, write or send an electronic message while operating a motor vehicle, unless the vehicle is stopped. An electronic message is data read from or entered into a device to communicate with another person. The conduct has to happen in the presence or view of a peace officer, or be established by other evidence.
- Using the device with a hands free device.
- Navigating with GPS or a navigation system.
- Reporting illegal activity, summoning emergency help, or entering information into a traffic and road conditions app.
- Reading a message reasonably believed to concern an emergency.
- Playing music.
| The offense | The fine |
|---|---|
| The offenseA first offense | The fineAt least $25 and not more than $99 |
| The offenseWith a prior conviction under the section | The fineAt least $100 and not more than $200 |
| The offenseWhere the driver caused the death or serious bodily injury of another | The fineClass A misdemeanor, a fine of up to $4,000 and up to one year in jail |
A stop for texting does not by itself let the officer take or look through the phone. A peace officer who stops a vehicle for this offense may not take possession of or inspect the driver's device unless the Code of Criminal Procedure, the Penal Code or other law authorizes it. Speeding, phone use and open containers are the three offenses where a written notice to appear is mandatory for a driver who signs a promise to appear.
The listed uses are affirmative defenses, which a driver raises in court. The section preempts local ordinances on messaging while driving.
Sources for this section (2)
- Transp. Code 545.4251 — Use of a portable wireless communication device for electronic messaging
- Transp. Code 543.004 — Notice to appear required for certain offenses
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.