Read the full stored bill text
H. B. No. 1459 *HR26/R2012* ~ OFFICIAL ~ G1/2
26/HR26/R2012
PAGE 1 (ELS\KW)
To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Anderson (110th)
HOUSE BILL NO. 1459
AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO 1
PROHIBIT A DRIVER OPERATING A VEHICLE IN THE FAR-LEFT LANE OF A 2
MULTI-LANE HIGHWAY OR INTERSTATE FROM USING A HAND-HELD MOBILE 3
TELEPHONE; TO PERMIT USE OF VOICE-OPERATED AND HANDS-FREE DEVICES; 4
TO PROVIDE EXEMPTIONS FOR EMERGENCY VEHICLES, EMERGENCY 5
COMMUNICATIONS AND COMPLIANT COMMERCIAL OPERATIONS; AND FOR 6
RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 63-33-1, Mississippi Code of 1972, is 9
amended as follows: 10
63-33-1. (1) For purposes of this section, the following 11
terms shall have the meanings ascribed in this subsection, unless 12
the context clearly indicates otherwise: 13
(a) "Hand-held mobile telephone" means a mobile 14
telephone or other portable electronic communication device with 15
which a user engages in a call or writes, sends or reads a text 16
message using at least one (1) hand. The term "hand-held mobile 17
telephone" shall not include a voice-operated or hands-free 18
device; 19
H. B. No. 1459 *HR26/R2012* ~ OFFICIAL ~
26/HR26/R2012
PAGE 2 (ELS\KW)
(b) "Motor vehicle" means a vehicle driven or drawn by 20
mechanical power and manufactured primarily for use on public 21
highways; 22
(c) "Social networking site" means any web-based 23
service that allows individuals to construct a profile within a 24
founded system, articulate a list of other users with whom they 25
share a connection, and communicate with other users of the site; 26
(d) "Text message" includes a text-based message, 27
instant message, electronic message, and email, but shall not 28
include an emergency, traffic or weather alert or a message 29
related to the operation or navigation of the motor vehicle; 30
(e) "Voice-operated or hands-free device" means a 31
device that allows the user to write, send, or read a text message 32
without the use of either hand except to activate, deactivate, or 33
initiate a feature or function; and 34
(f) "Writing," "sending" and "reading," with respect to 35
a text message, means the manual entry, sending, or retrieval of a 36
text message, respectively, to communicate with any person or 37
device. 38
(2) (a) An operator of a moving motor vehicle is prohibited 39
from writing, sending, or reading a text message and from 40
accessing, reading or posting to a social networking site using a 41
hand-held mobile telephone while driving said motor vehicle in the 42
far-left lane of a multi-lane highway or interstate with two (2) 43
or more lanes traveling in the same direction. 44
H. B. No. 1459 *HR26/R2012* ~ OFFICIAL ~
26/HR26/R2012
PAGE 3 (ELS\KW)
ST: Left lane drivers; prohibit hand-held
devices to create a hands-free driving lane.
(b) A driver is permitted to use a voice-operated or 45
hands-free device while operating a vehicle in any lane. 46
(c) The prohibition on hand-held mobile telephone use 47
while driving shall not apply to emergency responders, emergency 48
communications or compliant commercial operations. 49
(3) A violation of this section is a civil violation, and 50
upon being found in violation, is punishable by a civil penalty of 51
Twenty-five Dollars ($25.00) for violations committed until July 52
1, 2016, and One Hundred Dollars ($100.00) for violations 53
committed from and after July 1, 2016. No state assessments shall 54
be imposed or collected for a violation under this section. 55
(4) The Department of Public Safety shall keep and maintain 56
records of citations issued under this section, including the age 57
and race of the vehicle operator, whether there was an additional 58
traffic violation by the vehicle operator, and whether there was a 59
crash or any damage to a vehicle or passenger at the time of the 60
citation. 61
SECTION 2. This act shall take effect and be in force from 62
and after July 1, 2026. 63