Texas: Cell phone laws, legislation

Texas legislation news: Gov. Rick Perry vetoed the Legislature’s plan to ban text messaging for all drivers, meaning Texas probably won’t see a statewide texting ban until at least 2014.

Perry called the distracted driving legislation a “government effort to micromanage the behavior of adults.” The veto came June 17. The law would have taken effect Sept. 1, 2011.

“The keys to dissuading drivers of all ages from texting while driving are information and education,” Perry said in his veto statement. He was campaigning for president at the time, wooing voters on the right.

The bill (HB 242) was given final legislative approval by the Senate and House in the late hours of May 29. The governor said people who supported the safety legislation should instead “work with state and local leaders to educate the public of these dangers.”

About a dozen bills addressing texting and driving were considered during the 2011 session. The full Legislature returns in 2013.

Two new Texas distracted driving laws are in effect: One banning teen drivers from using cell phones and text messaging devices; the other prohibiting drivers from using handheld cell phones in school crossing zones.

Current prohibitions:

• Drivers under the age of 18 are prohibited from using wireless communications devices.
• Learners permit holders are prohibited from using handheld cell phones in the first six months of driving.
• School bus operators prohibited from using cell phones while driving if children are present.
• Drivers prohibited from using handheld devices in school crossing zones.
• Dallas, San Antonio, Austin, Amarillo, Galveston, El Paso, Missouri City and Stephenville are among the Texas cities that have enacted local distracted driving laws.

Read the Texas statutes.

Distracted driving notes (2012):
Amarillo appears ready to enact a ban on text messaging while driving in city limits. The city traffic committee voted unanimously Jan. 18 to recommend the texting ban to the City Council. The full Council debated the plan Feb. 7 and then ordered several public hearings. The city already outlaws texting in school districts (see 2011 item below).

San Antonio’s school district fired a school bus driver in January after he was caught texting while transporting students. Texting and driving is illegal in the city.

2011 distracted driving notes:
Nacogdoches is the latest city in Texas to prohibit electronic messaging while driving. The ordinance should take effect in November, city officials said. Fines will top out at $500. The City Council vote came Oct. 18.

Odessa’s City Council rejected a proposed ban on texting while driving. There was no vote; no council member would second the motion to approve. The move reportedly didn’t sit well with citizens attending the meeting. One supporter of the ordinance, a former council member, was so upset he was escorted from the room by security.

Arlington’s City Council voted to ban text messaging while driving, in a 4-3 vote on Aug. 15, 2011. The proposed distracted driving ordinance is expected to win the final vote, expected in September. Fines would be $200.

Amarillo’s ban on use of cell phones while driving in school zones is now in effect. The law went into effect Aug. 22, at the beginning of the 2011-12 school year. First-time offenders are looking at a hit of $158, after fines and fees.

The Republican Texas Gov. Rick Perry isn’t singling out distracted driving legislation for vetoes. He killed another 22 bills June 17, with a personal best (or worst) of 83 bills vetoed back in 2000.

Kilgore’s City Council deadlocked on a plan to ban text messaging and handheld cell phone use while driving on July 26. The mayor then cast the deciding vote, killing the proposed ordinance. “Sure wish the state would have done something,” said the mayor, Ronnie Spradlin.

Arlington Mayor Robert Cluck is pushing for a municipal ban on text messaging while driving, as well as related behaviors such as playing computer games on smartphones. Handheld cell phones could be in the mix as well. “Distracted driving is a dangerous thing, just like driving while intoxicated,” Cluck said after the governor vetoed a statewide texting ban. The City Council is expected to take up the matter in August. A similar bid for an Arlington distracted driving law failed a year ago. “It’s going to make some people upset,” the mayor conceded.

Rep. Tom Craddick, R-Midland, authored state legislation that would have banned texting while driving, but the vetoed House Bill 242 wasn’t it. The original measure stalled, and so the ban was tacked on to another, unrelated Craddick bill (via amendment) in the Legislature’s final days.

Judith Zaffirini, D-Laredo, found an alternate route for the text messaging and driving ban envisioned in her stalled SB 46. She amended the wording onto an unrelated bill, HB 242, which then passed the Senate. Zaffirini’s maneuver had bipartisan support in a May 25 vote. “No text message or e-mail is important enough to risk injury or death on the road,” she said. “(The life saved) could be someone you love dearly.” The bill cleared the Legislature in the session’s final hours (May 29) and was sent to the governor.

Both the Austin and San Antonio police departments sent representatives to testify May 16 in support of House Bill 243, which was under consideration in the Senate Transportation Committee. Several victims of distracted driving testified as well.

“A lot of people are being killed because of texting,” says Rep. Tom Craddick, the conservative author of HB 243. “It’s a function of safety and saving people’s lives. That’s what it’s all about.”

Rep. Larry Taylor, R-Friendswood, succeeded April 7 in having HB 243 amended to prohibit only the typing and sending of text messages, not the reading of incoming texts. “Just looking down briefly at your phone — I don’t want to be pulled over as a criminal,” Taylor said. Craddick and Rep. Eddie Lucio III, D-San Benito, tried but failed to derail the amendment, with Lucio noting that police would have to determine whether a driver was reading or typing — an “administrative nightmare.”

Craddick collapsed while testifying on his HB 243 before the House Committee on Transportation. He apparently had a bad reaction to medicine for an infected tooth. The March 9 hearing was postponed.

Text messaging and cell phone use while driving are bigger problems than five years ago, Texas motorists say. 85 of drivers interviewed said text messaging was worse, while 80 percent agreed that cell phone use had become a bigger problem than a half decade ago. (The Texas Transportation Institute interviewed 1,167 motorists at Texas Department of Public Safety Driver License Offices in fall 2010.) Supporters of a ban on handheld cell phone use while driving outnumber opponents by a two-to-one margin. Aggressive driving ranked with distracted driving as a danger cited by the drivers. (View a video about the Texas driver safety survey.)

El Paso’s ban on texting and talking on a cell phone while driving has yielded more than 6,435 tickets as of March 11, as the law’s first anniversary approaches. The City Council approved the ban on March 9, 2010, but ticketing did not begin until April 1. Hands-free cell phones OK. Fines typically $114 but can run up to $500. El Paso already outlawed use of handheld cell phones in school zones.

The city of McAllen banned text messaging while driving and related Internet activity. Violations of the new McAllen ordinance could bring fines of as much as $200. The Jan. 24, 2011, vote by city commissioners was unanimous.

Alvin has just began enforcing its ban on texting and use of cell phones while driving through school zones. The ordinance was approved several years ago, but enforcement dragged out as the city awaited the posting of warning signs at schools.

2011 distracted driving legislation (dead):
HB 242: Wording that would ban texting while driving was added to this unrelated bill via a Senate amendment of May 25. The amended bill would prohibit a driver from reading, writing or sending a text-based communication while operating a motor vehicle, unless the vehicle is stopped. HB 242, which concerns firearms use by retired peace officers, was sponsored by Rep. Tom Craddick, whose HB 243 sought to ban text messaging while driving. HB 243 was approved in the House, but failed to make it through committee in the Senate. Sen. Judith Zaffirini added the texting amendment to HB 242, which essentially revives her SB 46 (below). The amendment was approved in a 19-10 vote on May 25. Latest legislative action: HB 242 was approved by the Senate (28-3) and House (80-61) in late-night votes May 29 and then transmitted to the governor. Vetoed by the governor June 17. Dead. (Craddick)

House Bill 243: Text messaging outlawed for all drivers of motor vehicles. Includes IMs and email. Amended before the first House vote to remove drivers’ reading of text messages as a prohibited activity. Fines: Up to $200. Approved by the House in a first-reading vote (124-16) taken April 7. Latest legislative action: Final OK from the House in a 107-16 vote on April 8. Sent to the Senate on April 11 and under consideration in the Transportation Committee. “Left pending in committee” after public hearing of May 16. Dead. (Craddick)

HB 37: Prohibits drivers from using a wireless communication device unless vehicle is in park. Hands-free operation allowed. Fines from $20 to $100 unless violation is in a school zone, in which case penalties run from $125-200. “Left pending” in Transportation Committee. Dead. (Menendez)

HB 93: Would outlaw reading, writing and sending of text messages by all drivers. Hands-free texting OK. Fines: $100 then $150 (second violation) and then $200. For injury crashes, a second-degree felony applies; third degree if death results. “No action taken” in Transportation Committee. Dead. (Cook)

HB 103: Would prohibit drivers from using of wireless communication devices to read, write, or send a text message while operating a motor vehicle unless the vehicle is stopped. Provides for increased penalties of up to $400 if the driver is in a school zone. “No action taken” in Transportation Committee. Dead. (Martinez Fischer)

HB 105: Would outlaw text messaging while driving in Texas unless vehicle is stopped. Fine $200. (Brown)

HB 288: Would extend the texting ban on drivers of passenger buses to include various commercial forms of transport such as vehicles owned by facilities for health care, disabled riders or the elderly.

HB 676: Would prevent drivers from using handheld wireless communications devices while stopped for a school bus that has passengers boarding or exiting. Hands-free OK. (Lucio)

Texas Senate Bill 46: Would prohibit drivers from using wireless communication devices to read, write, or send a text-based communication while operating a motor vehicle unless the vehicle is stopped. Includes email. See HB 242, above. (Zaffirini)

SB 119: Seeks to outlaw use of handheld wireless devices to read, send or compose text messages while driving in Texas, unless the vehicle is stopped. “Left pending” in Transportation Committee. (Uresti)

SB 138: Seeks to ban use of handheld wireless devices unless a hands-free attachment is employed. “Left pending in committee.” (Wentworth)

2010 distracted driving notes:
San Antonio’s ban on texting and driving became law Oct. 15, 2010, with a 90-day warning period that ended in mid-January 2011. The City Council gave final approval to the distracted driving ordinance on Oct. 7. Fines of up to $200. Councilman Phil Cortez pushed through the ban. Basically, drivers are permitted to make phone calls with wireless handheld devices, but nothing else. The University of Texas at San Antonio plans to enforce the city law on campus as well.

State Sen. Carlos Uresti, D-San Antonio, prefiled SB 119 for the 2011 legislative session, seeking a ban on text messaging and driving while vehicles are in motion.

Missouri City’s ban on texting while driving went into effect June 1, 2010. Law applies when vehicle is stopped. Fines up to $500. The city posted traffic signs stating: “No Texts Emails or Apps While Driving.”

College Station’s City Council considered a ban on texting and driving, but decided to see what emerged from the 2011 legislative session.

Stephenville has banned text messaging and use of handheld cell phones while driving. The City Council considered a plan to ban all cell phone use by motorists, but rejected it during the April 6 voting. Fines will be up to $200.

Galveston has banned text messaging while driving within city limits. Fines up to $500. The City Council voted to outlaw texting for motorists on Jan. 14 and the ban went into effect immediately.

League City’s plan to ban texting and handheld cell phone use while driving has been put on hold. The city attorney cited “legal issues.”

Arlington’s City Council refused to consider a ban on text messaging while driving. (Update above, in 2011 notes.)

2009 Texas legislation:
Texas House Bill 55: Outlaws use of handheld devices in school crossing zones. Would prohibit cell phone use by passenger bus drivers transporting minors unless the bus is stopped (minor wording change). Legislature gave final approval on May 29 and the governor signed it into law on June 19. The law became effective Sept. 1, 2009.

Texas House Bill 339: Prohibits drivers under the age of 17 with restricted licenses from using wireless communications devices, including cell phones and text messaging devices. Bill addresses numerous driver education issues in Texas. Approved by the House on May 6, 2009, and by the Senate on May 25. Legislature gave final approval on May 29 and the governor signed it into law on June 19. Law became effective Sept. 1, 2009.

Texas House Bill 662: Would outlaw the use of cell phones by drivers under the age of 18 unless a hands-free accessory is engaged. On Approved by the full Texas House on May 15 and sent to the Senate. Left in committee.

Texas Senate Bill 1077: Companion bill to HB 339 (above) has been approved in the Senate and by the Transportation Committee in the House (May 15).

Texas House Bill 1158: Would make fines at least double the minimum for infractions committed while driving and using a handheld cell phone. “Left pending in committee.”

Texas Senate Bill 582: Would prohibit drivers from using cell phones unless a hands-free accessory is engaged. Also would ban bus drivers from using wireless communication devices with a minor passenger onboard. “In committee” since Feb. 23.

Texas House Bill 1267: Would add text messaging to cell phone prohibitions on bus drivers. Also HB 1179. Both bills “left pending in committee.”

Texas Senate Bill 51: The legislation from state Sen. Judith Zaffirini, D-Laredo, would ban reading, writing and sending of text messages while operating a motor vehicle. It also would prohibit use of a wireless communication device for school bus drivers when a minor is present, except in emergencies. “In committee” since Feb. 10.

Texas House Bill 738: Would create an inattentive driving adjunct to existing laws that doubles fines for other traffic offenses. Cites a variety of behaviors such as texting, reading, writing, personal grooming, interacting with a passenger or pet. “Left pending in committee.”

Texas House Bill 758: Would prohibit school bus drivers from using cell phones or texting while minors are aboard. “Left pending in committee.”

Texas House Bill 1649: Would ban drivers under the age of 18 from using wireless communication devices in the first six months of licensing, regardless of whether a hands-free device is attached. Also applies to motorcycle or moped drivers under the age of 17. “In committee”

Texas House Bill 220: Would ban use of handheld wireless devices for all drivers and use of all wireless devices for school bus drivers. “Left pending in committee.”

Texas House Bill 219: Would outlaw use of cell phones at school crossings. “Left pending in committee.”

More Texas legislation notes:
The Austin City Council approved a ban on texting while driving on Oct. 22, 2009, and then broadened it Dec. 17 to include other mobile devices, Internet surfing and use of all iPhone applications. Fines could be as high as $500. The law takes effect Jan. 1 and there will be a one-month warning period.

The city of Burnet has outlawed use of cell phones and texting devices in school zones. Fines will be $200. The Burnet City Council approved the ban on Oct. 27, 2009.

Rep. Trey Martinez Fischer, author of a handheld cell phone bill, says the House Transportation Committee simply isn’t moving these bills through. “I have tremendous amount of respect for Chairman Joe Pickett,” Martinez Fischer said. “But this doesn’t seem to be a priority in his committee.” Pickett responded that his committee was unable to resolve the overall issue of how to draw the line with distracted driving, a common position adopted by opponents of cell phone-driving bills. More accidents related to wireless devices could help the bills’ chances in 2011, Pickett told amarillo.com

The House aired the legislative debate over text messaging and cell phoning while driving on March 10, 2009. “People, I think, are watching us,” said HB 55 sponsor Rep. Dan Branch, R-Dallas.

“We’re trying to find the right balance between public safety and, sort of, intrusion into civil liberties,” Branch told the House Committee on Transportation. The committee aboved Rep. Branch’s bill banning drivers from using cell phones in school zones.

Rep. Solomon Ortiz Jr., D-Corpus Christi, says of his HB 662: “This legislation will help limit distractions and keep teen drivers focused on the road. Teenagers already have enough on their minds as it is.”

“The communications companies have really come out strongly against my (handheld cell phone) bills in the past,” said Rep. Jose Menendez, D-San Antonio, who authored HB 1649.

The Texas ACLU opposes laws restricting use of cell phones and texting devices: “That’s more of a public education issue,” its policy director said. “There’s always going to be something that’s distracting drivers.”

State Sen. Jeff Wentworth, R-San Antonio, had planned to reintroduce in the 2009 session his bill that would require hands-free devices for drivers using cell phones. His bill passed the transportation committee in 2008 after testimony from a man whose wife was killed in an crash she caused while using a cell phone.

“It is probably going to take the whole Senate listening to that kind of testimony before we get a bill passed,” he told the Dallas Morning News.

Hollywood Park (San Antonio area) tabled a handheld cell phone ban on Feb. 17, 2009, saying: “Let the state make the decision.”

The Texas Department of Public Safety began tracking cell phone-related traffic accidents in 2000.

The Dallas council approved installing cellphone-ban warning signs throughout Dallas’ 651 school zones when it OK’d the prohibition in February 2008. Violators could be fined $200.

About two-thirds of Texas teenagers surveyed said they have talked on a cell phone while driving in the past six months, according to the state Transportation Institute. More than half said they had read or sent text messages while driving. A 2007 study said cell phone use was among the primary causes of fatal car crashes among teens.

Texas was one of the states hit with periodic email hoaxes about nonexistent cell phone driving laws.