As of September 1, 2017, it is illegal to text and drive in Texas. The law specifically states it’s illegal to read, write, or send electronic messages while driving, including texting.
Texas Texting and Driving Laws
Texting while driving has caused many accidents, and deaths on Texas roads over the years. In response to a rising number of accidents due to distracted driving, Texas has finally implemented strict laws. This is after a decade of vetos by the state.
Texas Transportation Code § 545.4251
Under Texas Transportation Code § 545.4251, it is illegal to read, write, or send electronic messages while operating a motor vehicle, unless the motor vehicle is stopped. This is a statewide law, which includes texting, emailing, and any other form of communication.
Specifics:
- Drivers under 18: Cannot use any wireless device while driving.
- Learner’s permits: Cannot use a handheld device for the first six months of driving.
- School zones: All drivers are prohibited from using handheld devices in school zones.
- School bus drivers: May not use cell phones while driving if children are on board.
Always check your county and city laws first. Many will have their own laws on texting and driving, which can be more strict than the states law.
Penalties For Texting and Driving in Texas
Texting and driving in Texas can be potentially serious, depending on the circumstances. The first offense is minor, but the penalties and fines and increase quickly if an accident occurs.
- First offense: Fine of $25–$99
- Repeat offense: Fine of $100–$200
- Class A misdemeanor : If serious injury or death occurs due to texting while driving.
- Fines: Up to $4,000
- Up to 1 Year in Jail
Exceptions To The Law
Texas law allows the use of mobile devices while driving in specific situations, such as:
- Using hands-free devices
- Calling 911 or other emergency services while reporting a crime or seeking help
- GPS or a navigation usage
- Playing music through a phone
Distracted Driving Statistics in Texas
Distracted driving is a leading cause of motor vehicle crashes in Texas. The statistics from the Texas Department of Transportation show us why this law was needed.
- In Texas, almost one in five crashes was due to distracted driving.
- In 2021 distracted driving caused 364 deaths and over 2,200 serious injuries.
Previous Attempts At Passing This Law
The Texas House of Representatives passed a bill in 2013 banning texting and driving, with a similar bill passing in the 2011 session of the state legislature(HB 242), but that bill was vetoed along with many others by our Texas governor Rick Perry.
Perry again voiced his intentions to veto the bill if it is passed by the Texas Senate. However, the bill was stuck in the House as different committees and parties made attempts to amend it beyond recognition and to sneak parasitic legislation along with it.
Proposed Name Was The Alex Brown Memorial Act
The proposed texting and driving ban bill’s official name is the Alex Brown Memorial Act, a title memorializing the life of a teenage girl who died in a violent car accident in Lubbock, Texas in 2010. She was sending a text to a friend when she lost control of her vehicle.
Distracted driving is one of the leading causes of fatal and serious accidents according to the Center for Disease Control (CDC). One of the most common reasons drivers become distracted in the modern, digital world we live in is the use of wireless devices such as cell phones, mp3 players, and tablets. While these portable devices have revolutionized the means and frequency with which we communicate and learn, they have also turned driving into a dangerous, multi-tasking sport.
Were You Charged With Distracted Driving in Texas?
If you’ve been charged with texting and driving, or you were involved in an accident with a serious injury or death, you need an experienced attorney immediately .
Tim Clancy is a skilled criminal defense lawyer that can review the facts of your case, explain your legal options, and work to protect your rights in court.
State Resources
To learn more about Texas laws and statistics on distracted driving, visit the following official resources: