Texas: Cell phone laws, legislation

Texas legislation news: Two new 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:

• Learners permit holders are prohibited from using handheld cell phones in the first six months of driving.
• Drivers under the age of 17 with restricted licenses are prohibited from using wireless communications devices.
• 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, Austin, Galveston, El Paso, Missouri City and Stephenville have enacted local distracted driving laws.

2010 cell, texting legislation notes:
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.”

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.

El Paso prohibits texting and talking on a cell phone while driving in city limits. The City Council approved the ban on March 9 and it went into effect May 1. Hands-free cell phones OK. Fines up to $500. El Paso already outlawed use of handheld cell phones in school zones.

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.

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.

San Antonio is in the middle of a one-year pilot program in which the use of hand-held cell phones and text messaging are prohibited for drivers in 18 school zones. Fines for school-zone violations are as high as $200, as of November 2008.

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.