Texas: Cell phone laws, legislation
Last updated: July 13, 2010 · Print this report
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.
Griffin Jones, October 19, 2009
How many more will we allow?
Texas should be the example to which all other states look to. We have higher standards yet more is over looked.
It’s hard to be Texas proud when we continue to embarrass ourselves. Born here, raised here and am getting more embarrassed everyday.
Angela
Yeah lets make more laws that take more freedoms aways from americans. Thats inteligent, We want to “protect” everyone with laws but if we would quit being so worried about how everyone else acts and start looking at home we would’nt need any of these laws that we keep inventing. Personally I think for saftey reasons bluetooth devices are a very good thing, however we’ve already took the ” land of the free” and turned it into the next closest thing to cummunism that you can get without actually causing communism.
I would also like to add with the government we all Know its all about the money . So if the can find away to enforce such laws they will implement them sooner or later. I mean we have kids that go to school and dont have books to bring home but the state has a god awful surplus of money. More than most of the other states in the u.s. pretty rediculous if you asked me. But it goes to show you. The state don’t care as long as the get theirs.
i know that it may seem like a small law but that is what we needed along time ago that will save a countless number of lives i know a place that can help you get up to speed it bftsync.com they heled me to be ready they will help you also
Regarding Texas HB 55 – Once again our legislators (and the public) have fallen short on this bill. The bill targets a “school crossing zone” and not a school zone. They are not the same thing. A crossing zone is a crosswalk and delineated as such. If the intent of the bill was to restrict cell phone usage for an entire school zone, they missed the boat.
How much will it cost the Cities that population 50,000 plus to put signs up in school zones?
What happened to parents raising their kids? We don’t need the state trying to do it. Common sense goes further than passing more laws to bring more $$$ to the state.
Here Here! I agree let’s put more laws in place to protect the idiots who are too stupid to protect themselves. For those of you that don’t recognize it that was “sarcasam”
I ask you who is going to protect us from our ledgislators? What makes them think that they can govern stupidity in the first place? Next thing you know every american houshold will have a personal government agent assigned to them to tuck them nightly to make sure they didn’t leave the stove on or the doors unlocked and to make certain we aren’t using our hair dryers while sleeping !
…And yet another civil liberty is taken away because of those too stupid to handle themselves responsibly, thanks a lot guys.
I’m amazed at how the rednecks come out of the woodwork when they feel their “rights” are being taken away! Driving is not a right or a freedom that is given because you are an American or even a Texan! It’s a huge responsibility! It comes with restrictions so that we can ALL be as safe as possible.
I remember as a lil bitty girl riding standing in the front seat next to my Mama and her having to try to catch me if she had to stop fast. I’m very grateful that when I had my children there were car seats and seat belts. A lot of people fought that too but it is for the best and has saved countless lives.
I certainly want legislation to help protect my kids and grandkids and those that encounter them on the road, as well as myself! No one is taking anything away that we are owed, just trying to keep us safe from ourselves and each other!!
I do not like all the Gov. control either, but there is not much of a difference with this bill than the dui law.
I do not like to talk on the phone while driving anyways. When I do and finally get off the phone I find myself not remembering the last few miles or so. Thats dangerous. Very dangerous. And I am sure this happens to everone too. Your concentration on driving goes down while on the phone.
This is just a fundraiser law. People are going to do it anyway as there will be little enforcement and if you are caught its just a small fine. How are speed limits working for you?
“…And yet another civil liberty is taken away because of those too stupid to handle themselves responsibly, thanks a lot guys”
“What makes them think that they can govern stupidity in the first place?”
A: Driving your car isn’t a civil libertiy, its a privilege. If the government doesn’t like how you handle your privilege, they can revoke it or give you a fine because you abused the privilege.
B: The law applies to the stupid citizens because, if everyone was a genius and knew their duties in society, there wouldn’t be any laws in the first place. Can you think of a law that was designed for some reason OTHER THAN protecting society from stupid people? Neither can I.
I drive the freeway everyday with you morons that choose to text and bs on the cell phone while driving in bumper to bumper traffic. Who gives you the dam right to put my life in danger by talking or texting on your cell phone. Personally, I feel Texas should adopt a law like the state of Utah did, you can view it here, http://handsfreeinfo.com/utah_text_messaging_death
i think the ban with cell phones use and texting is great becaue it keeps us some what safe my mother lost her baby to a guy that was one a cell phone well that just what i think
Is this law in effect 24 hours a day or just during school hours?
As a non resident of Texas, my opinion is this! I dont care what your laws are, just make up your mind and let people know. I come here 6-7 times a year and would certainly not like getting any tickets. I have been to several states and not one has a sign will cell phone restrictions posted in airports or rental car locations. Unless we are the people you would like to target! It is dangerous to use a phone while driving but people have to remember they are still driving and that needs to be the priority! Pull your head out! Texas is not alone in this battle.
I can’t believe that people are complaining about this law! Is it really so important to be on your cell phone so much that you must put other people’s safety at risk? I don’t think this law is unfair. There are already laws that restrict behavior that puts other people at risk, this is just another one. If you really think that you can be a safe driver while on your cell phone, you are wrong wrong wrong.
PLEASE,PLEASE,PLEASE, ban cell phone use and texting without hands free all over the entire USA and state of Texas. There are too many people talking on cell phones while driving and it is a VERY BIG AND DANGEROUS PROBLEM ! There are too many accidents about to happen, and it can all be prevented with passing the law to BAN CELL PHONE USE WITHOUT SPEAKER PHONE OR HANDS FREE DEVISE!
I got yelled at today by a bunch of college KIDs because I got fired up when they all raised there hands so proudly to say they text while driving. For all you motorcycle riders out there, you can relate, when I say that drivers doin’ everythin’ but drivin’ can and do kill. A car is not a toy to be fooled with! So when you see a college sticker stay back and keep aware. This is truly the generation zero. And if you’re not proud to be a Texan then leave!
I am all for no cell phone use in cars. Period.
Last week I was on the road. A woman cut me off entering
from the right. She crossed three lanes of traffic just missing
me and two other cars. She then gives me a dirty look and
toots her horn, shaking her fist.
Where do these people get their sense of entitlement? She
should have gotten ticked at the lease, a big fine and had her
drivers license revoked.
I don’t think that the Texas Legislature has gone far enough to outlaw the use of handheld wireless phones while driving in the state of Texas.
Texas Senate Bill 582 and House Bill 220 would be great if passed. How many times has the average, law-abiding citizen driving the freeways of Texas witnessed a driver in another vehicle talking or texting on their phone, totally oblivious to the traffic conditions around them. These are accidents waiting to happen or have already happened.
The DPS statistics will probably prove this out. I say “BAN THE USE OF CELLPHONES WHILE DRIVING ON TEXAS ROADS. PERIOD!!!!!
I am shocked at these comments. Do any of you care about freedoms and your civil liberties?
Is driving while talking/texting dangerous? It sure can be. But so can driving while: eating, putting on makeup, fiddling with the radio,smoking, or talking with a passenger in your car. In parent with children knows that they can be a HUGE distraction while operating a motor vehicle. Old people driving sure scares the hell outta me.
So should we make all that illegal also? Just imagine how much safer the world would be!
When I get on the road, I accept that I may be killed by a drunk driver. Or an old person. Or a teen texting, “OMG KAITLIN CAR” as she collides into me. Or an angry man who just found out his wife has been cheating on him. And so on.
The real question is this: Would you rather live free in an unpredicatabile and reckless world, or would you rather live enslaved in a safe world?
I’ve subscribed to this blog for sometime now, and I think 99.99% of you are totally missing the mark.
ALL cell phone activity should be banned while driving, not just texting.
The technology exists and should be (mandatory) factory standard to equip vehicles with cell phone jamming devices (excluding 911) which can only be disabled when the vehicle is in ‘Park’.
As for any of you ‘Constitutional’ illiterate’s whining about losing personal liberties, your tin foil hat is a bit too tight.
Perhaps they should make a law against fat people. The #1 killer of Americans is heart disease. LOL.
This is about govt control and municipal corporations (cities) wanting to cash in. I can be as distracted correcting the kids or talking to my spouse as texting.
We can’t keep forcing each other to “do the right thing”.
Those who would exchange liberty for safety deserve neither – Benjamin Franklin