Texas Senate Passes Texting While Driving Ban

The Texas Senate on May 19 passed a measure banning texting while driving statewide.

HB 62 by Midland Rep. Tom Craddick previously was approved by the House. While more than 100 cities in the state have texting and driving bans Texas is one of the few that does not currently have a statewide law making the practice illegal.

The bill’s Senate sponsor, Judith Zaffirini, D-Laredo, has been pushing for a texting while driving ban for 10 years.

Under HB 62 drivers who are caught using a phone to text, send email or post to social media while driving would face a fine of up to $99 for a first offense and $200 for subsequent offenses.

The bill only penalizes texting while driving a moving car; drivers in an idle or parked car could still use their phones to send texts. The ban would not apply to using one’s phone as a GPS or music device.

Some lawmakers worry the ban would be difficult and too confusing to enforce and would give police new powers to pull over people who might be doing something legal if they mistake the presence of a phone or mobile device for texting. Sen. Larry Taylor, R-Friendswood, noted that other potentially dangerous distractions would not be banned.

The Senate made minor changes to the bill, which were approved by the House. The bill was sent to Gov. Greg Abbott but had not been signed at press time.

Former Texas Gov. Rick Perry vetoed a similar bill that passed the legislature in 2011. Perry, who now serves as federal energy secretary under President Trump, said at the time that the bill was an “overreach” and an effort by government “to micromanage the behavior of adults.”

This year’s texting ban initiative gained traction after a 20-year-old man whose pickup collided with a church minibus in March in rural Texas, killing 13 people, told authorities he was checking for a text when the crash occurred.