Texas Cell Phone Laws
Article originally written 2015
Updated 2023
Complicated Texas Cell Phone Laws
In 2011, Texas Gov. Rick Perry issued a veto against Texas House Bill 242, which would have banned texting while driving. Perry said he supported measures that make Texas roads safer for everyone. But he refused to “micromanage the behavior of adults.” It created a complicated map of legal and illegal cell phone use in Texas.
Instead of a statewide law banning texting, many cities introduced local ordinances prohibiting texting while driving.
Texas had to wait until 2017 before it got its law, making it illegal to read, write, or send a text while driving in Texas.
The Texas Law Since 2017
- All texting while driving is prohibited.
- Drivers under 18 cannot use a handheld cell phone.
- School bus drivers cannot use handheld devices when children are on the bus.
- No driver can use a handheld device in a school zone.
Unlike many other states, no state law prohibits using a handheld phone while driving.
Instead, some major cities like Austin and San Antonio have local ordinances prohibiting all drivers from using electronic devices unless they can use them in hands-free mode. Forty cities have independent restrictions on cell phone use.
The best action for Texas drivers is not to use a handheld phone under any circumstances. Even if it isn’t illegal in their city, it distracts and is unsafe.
Distracted Driving
Even if the law does not explicitly prohibit using a handheld device, you can still get a ticket if an officer believes you are distracted by your phone and it affects your driving.
It doesn’t matter if you’re using a phone, eating food, or putting on makeup; an officer can pull you over and issue a citation for careless or reckless driving.
NHTSA defines distracted driving as “any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system—anything that takes your attention away from the task of safe driving.”
Contrary to common beliefs, using hands-free electronic devices while driving doesn’t eliminate distractions. Every phone call draws your attention from the road. It is also common for you to be distracted after disconnecting a call or using car voice-command systems (Source: Lasting Effects of Mental Distractions).
Think about this: Distracted driving contributed to 3,522 fatalities during 2021 or 8% of all traffic fatalities.
Read More
Distracted Driving: Understand the Problem
