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An Act
ENROLLED HOUSE
BILL NO. 2263 By: Miller and Luttrell of the
House
and
Gollihare of the Senate
An Act relating to motor vehicles; defining terms;
making certain use of cellular telephones and
electronic communication devices unlawful on certain
stretches of road; creating penalty for violation;
making certain exceptions; authorizing municipalities
to enact certain ordinances; providing details for
certain ordinances; requiring the Department of
Public Safety not assess certain points for
violations; prohibiting confiscation of certain
devices and information; making certain exceptions;
providing for codification; and providing an
effective date.
SUBJECT: Motor vehicles
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11-901e of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. For the purpose of this section:
1. “Cellular telephone” means an analog or digital wireless
telephone authorized by the Federal Communications Commission to
operate in the frequency bandwidth reserved for cellular telephones;
ENR. H. B. NO. 2263 Page 2
2. “Compose”, “send”, or “read” with respect to a text message
means the manual entry, sending, or retrieval of a text message to
communicate with any person or device;
3. “Electronic communication device” means an electronic device
that permits the user to manually transmit a communication of
written text by means other than through an oral transfer or wire
communication. This term does not include:
a. a device that is physically or electronically
integrated into a motor vehicle,
b. a voice-operated global positioning or navigation
system that is affixed to a motor vehicle,
c. a hands-free or voice-operated device that allows the
user to write, send, or read a text message without
the use of either hand except to activate, deactivate,
or initiate a feature or function,
d. an ignition interlock device that has been installed
on a motor vehicle, or
e. amateur radio use or operation; and
4. "Text message" includes a text-based message, instant
message, electronic message, photo, video, or electronic mail.
B. Where any portion of a road, street, or highway is a
properly marked school zone, as indicated with appropriate warning
signs placed in accordance with the latest edition of the Manual on
Uniform Traffic Control Devices, and a reduced speed limit is
properly posted that is in effect during certain times due to the
presence or potential presence of school children, or in a road
construction zone, and while a motor vehicle is in motion, it shall
be unlawful for any person to operate a motor vehicle on any street
or highway within this state while:
1. Using a hand-held electronic communication device or
cellular telephone to manually compose, send, or read an electronic
text message; or
2. Holding or using a hand-held cellular telephone.
ENR. H. B. NO. 2263 Page 3
C. Any person who violates the provisions of subsection B of
this section shall, upon conviction, be punished by a fine of not
more than One Hundred Dollars ($100.00).
D. The provisions of subsection B of this section shall not
apply if the person is using the cellular telephone or electronic
communication device:
1. In conjunction with hands-free or voice-operated technology;
or
2. For the sole purpose of communicating with any of the
following regarding an imminent emergency situation:
a. an emergency response operator,
b. a hospital, physician’s office, or health clinic,
c. a provider of ambulance services,
d. a provider of firefighting services, or
e. a law enforcement agency.
E. Municipalities may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under the
provisions of this section. The provisions of such ordinances shall
be the same as provided for in this section; the enforcement
provisions of those ordinances shall not be more stringent than
those of this section; and the total fine and court costs for
municipal ordinance violations shall not exceed One Hundred Dollars
($100.00).
F. The Department of Public Safety shall not record or assess
points for violations of this section on any license holder’s
traffic record maintained by Service Oklahoma.
G. A law enforcement officer shall not, without the consent of
the person:
1. Confiscate a cellular telephone or electronic communication
device for the purpose of determining compliance with this section;
ENR. H. B. NO. 2263 Page 4
2. Confiscate a cellular telephone or electronic communication
device and retain it as evidence pending trial for a violation of
this section; or
3. Extract or otherwise download information from a cellular
telephone or electronic communication device for a violation of this
section unless:
a. the law enforcement officer has probable cause to
believe that the cellular telephone or electronic
communication device has been used in the commission
of a crime,
b. the information is extracted or otherwise downloaded
under a valid search warrant, or
c. otherwise authorized by law.
SECTION 2. This act shall become effective November 1, 2025.
ENR. H. B. NO. 2263 Page 5
Passed the House of Representatives the 17th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 6th day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________