Statewide ban begins for texting while driving

For those who choose to risk their and others’ lives by texting while driving, there is a new incentive to refrain from doing so.

As of Friday, Sept. 1, texting or using social media while driving within the state of Texas became punishable by a fine of $25-99 for the first offense and $100-200 for additional offenses (though no points will be assigned). The new law also mandates that if a wreck caused by texting and driving results in the death of or serious injury to another person, they can be charged with a Class A misdemeanor - punishable by a fine of up to but not to exceed $4,000 and up to a year in jail.

It’s important to note that this new law only addresses “reading, writing, or sending electronic messages” via a “wireless communication device.” It is still legal for motorists in most cities to use their phone for GPS navigation, music apps, browsing the internet, dialing phone numbers, etc., but drivers may still get pulled over if an officer suspects them of texting.

While the law includes a provision to preempt local texting-and-driving ordinances which already existed in over 100 cities, it does not address stricter cell phone bans (i.e., hands-free laws) put in place by at least 45 other Texas cities such as El Paso, San Antonio, Austin and Denton.

After the passing of this law, Gov. Greg Abbott had asked lawmakers to meet in a special session in order to enact broader legislation which would roll back any city ordinances that ban mobile phone use beyond texting while driving. Ultimately no vote was cast prior to the special session ending, meaning cities are still free to pass — as well as enforce — hands-free laws within their city limits.

Additionally, the state prohibits drivers from using hand-held communication devices in school zones, and Texas law states that school bus drivers must refrain from texting or making telephone calls while driving — even with a hands-free device.

Pct. 4 Constable John Moreno advises motorists to comply with this new law as not only is texting and driving dangerous, but now it can be quite costly as well.

“It causes a lot of accidents,” Moreno said. “It’s dangerous — you could hurt yourself or somebody else, and we will enforce this law.”