School Zone, School Bus, and Construction Zone Tickets in El Paso: What Texas Law Says

School zones in El Paso: when does the lower speed limit apply?

Texas law defines a school crossing zone as a reduced-speed zone that a local authority designates to help children cross the street on the way to or from an elementary or secondary school, during the time the reduced limit applies. In practice, the signs tell you when that is: some list hours, and others use flashing beacons. Outside those times, the regular posted limit applies. Many El Paso school zones sit on busy roads, so the drop can be sudden.

If you received a school zone speeding ticket, write down the exact location and check the sign while the details are fresh. Useful questions include whether the zone was active at that hour, whether the beacons were working, and whether the posted times matched a school day. Keep in mind that a lower limit also makes it easier to reach 25 mph over the limit, which removes the statutory driving safety course option.

• Photograph the school zone signs, posted times, and beacons near where you were stopped.
• Note the date, time, and whether school was in session.
• Compare the speed on the ticket to the limit that applied at that moment.

Handheld phone use in a school zone: Transportation Code §545.425

Under §545.425, a driver may not use a wireless communication device while operating a motor vehicle within a school crossing zone unless the vehicle is stopped or the device is used with a hands-free device, such as a speakerphone or voice control. School bus and passenger bus drivers carrying minors face a broader rule. Calling an emergency service, hospital, doctor’s office, fire department, or police is an affirmative defense.

The statute also depends on signs. A local authority that enforces the rule must post a sign at each entrance to the school crossing zone, and the missing sign is an affirmative defense—unless the city has a jurisdiction-wide hands-free ordinance and posts signs where highways enter town. Because §545.425 sets no separate fine, the general traffic penalty of up to $200 under §542.401 applies.

Texting while driving anywhere in Texas: §545.4251

Separate from school zones, Texas bans reading, writing, or sending an electronic message on a portable wireless device while operating a motor vehicle, unless the vehicle is stopped. Section 545.4251 lists affirmative defenses, including using a hands-free device, navigating with GPS, reporting illegal activity or summoning emergency help, reading a message reasonably believed to concern an emergency, and activating music. The statute preempts local texting rules, so the same standard applies across El Paso.

A first offense carries a fine of $25 to $99, and a repeat offense $100 to $200. If texting caused the death or serious bodily injury of another person, the offense becomes a Class A misdemeanor with up to a year in jail and a fine of up to $4,000. An officer who stops you for texting may not take or search your phone unless other law authorizes it.

Passing a stopped school bus: Transportation Code §545.066

When a school bus is stopped on the road to load or unload students with its visual signals operating, drivers approaching from either direction must stop and wait until the bus moves, the driver signals them on, or the signals turn off. You do not have to stop if the bus is on a separate roadway divided by a barrier or an intervening space. A center left-turn lane does not count as a separation, which matters on many El Paso arterials.

The penalties are among the steepest for any Texas traffic ticket. A first offense is punishable by a fine of $500 to $1,250. A repeat offense within five years raises the range to $1,000 to $2,000, and the court may suspend the license for up to six months. Causing serious bodily injury makes it a Class A misdemeanor, and a later conviction after that can be a state jail felony.

Construction and work zones: when do fines double under §542.404?

Texas doubles both the minimum and maximum fine for most traffic offenses committed in a construction or maintenance work zone, but only under specific conditions. Workers must have been present, and the ticket must state on its face that workers were present. For speeding, the zone must also be marked with a sign showing the applicable speed limit. Equipment inspection offenses, pedestrian rules, and seat belt violations are excluded from the doubling.

The statute borrows its definition of a work zone from §472.022: an area where construction or maintenance is underway, marked by signs that identify the zone, show where it begins and ends, and state “Fines double when workers present.” Mobile operations do not count. On a work zone ticket, check whether the citation notes workers were present, whether the signs were in place, and whether the cited speed limit was actually posted.

Why some of these tickets are excluded from defensive driving and deferral

Code of Criminal Procedure Article 45A.353 gives eligible drivers a right to a driving safety course, but that right does not apply to passing a school bus under §545.066, to serious traffic violations, or to offenses where the work zone doubling in §542.404 applies. Article 45A.301 also excludes those work zone offenses from deferred disposition. El Paso Municipal Court’s course rules likewise exclude passing a school bus and construction zone violations with workers present.

School zone speeding and the school zone phone and texting statutes are not on those statutory exclusion lists, so a driver who otherwise qualifies may still be able to use a course or deferral. The usual limits apply: a Texas license or qualifying military status, no course in the prior 12 months, proof of insurance, a timely request, and speed under 25 mph over the limit. Commercial license holders cannot use either option.

Costs, insurance, and your driving record

These tickets can cost more than the fine. Court costs and fees are added, a doubled work zone fine raises the total, and a conviction is reported to DPS for your driving record, which insurers and some employers review. For a school bus case, a second conviction can bring a license suspension. Because fines vary by offense and court, use the site’s Texas Traffic Ticket Cost Calculator for a starting estimate rather than relying on a single number.

Before you pay, check whether the facts the statute requires were really there: an active school zone, a posted phone sign, bus signals that were on, or workers who were present. If an exclusion applies, trial or a negotiated outcome may be the only way to avoid a conviction. Traffic Tickets 915 reviews these cases in English and Spanish at 915-542-0388. This guide is general information, not legal advice.