Originally published by Jeff Rasansky.
While Texas still doesn’t have a state-wide ban on texting and driving, 50+ cities have already passed distracted driving laws.
Unlike nearly every US state, Texas has no state-wide law banning texting while driving. Additionally, while many of the most populous states have passed hands-free laws, Texas has not.
Why is Texas lagging behind the rest of the nation?
Well, Texas has actually passed a ban on texting while driving… In fact, we’ve done it twice. In 2011, the Texas Legislature was successful in passing a statewide ban. Unfortunately (and despite overwhelming public support), it was vetoed by Gov. Rick Perry. Again in 2013, a similar bill was passed with wide bipartisan support, but it died after the Senate Transportation Committee refused to allow a vote on the bill. In 2015, another bill aimed at banning texting and driving (House Bill 80) was introduced. The bill (which was approved by the Texas House panel) would have prohibited the use of portable wireless technology while operating a motor vehicle within the state, but was ultimately defeated in the Senate before becoming law.
In 2013 alone, 3,154 people in the U.S. were killed in crashes involving distracted drivers. An additional 424,000 were injured in these car accidents (94,943 accidents to be exact). In 2014, there were 100,825 traffic crashes in Texas that involved distracted driving. The sobering truth is that texting while driving makes a car accident 23 times more likely to occur. While we can debate the effectiveness and enforceability of these distracted driving laws, these same arguments can be (and were) made with regard to seat belt laws emerging in the 1960s. Just because something is difficult to enforce, that doesn’t mean we should ignore the issue.
We all know that using a cell phone while driving is incredibly dangerous and should be illegal, and as such, many Texas cities have taken the initiative to ban the dangerous practice within their jurisdictions. These cities include: Alamo, Alice, Amarillo, Aransas Pass, Argyle, Arlington, Austin, Bedford, Bellaire, Brownsville, Canyon, Conroe, Converse, Corpus Christi, Deer Park, Denton, Edinburg, El Paso, Farmers Branch, Galveston, Grand Prairie, Harlingen, Helotes, Jacksonville, Laguna Vista, Laredo, Little Elm, Magnolia, Maypearl, McAllen, Meadowlakes, Midland, Mission, Missouri City, Mount Vernon, Nacogdoches, New Braunfels, Palmview, Pampa, Penitas, Richwood, Rowlett, San Angelo, San Antonio, Schertz, Shoreacres, Sinton, Stephenville, Tomball, University City, and West University Place. Several other cities (including Houston) are currently looking at passing similar measures.
Some of these cities have enacted laws banning texting while driving (shown below), while others have enacted hands-free ordinances (skip to cities with hands-free laws).
Cities in Texas which ban texting and driving.
Alamo, Texas
Passed texting and driving ban (Ordinance No. 13-01-11) on November 1st, 2011.
Prohibits drivers from sending or viewing text messages, viewing or accessing websites, and/or viewing or accessing other data the uses commonly-recognized electronic communications protocol while driving (even when stopped in traffic). Talking on the phone and using GPS is still legal.
Arlington, Texas
A ban on texting and driving was passed in September 2011 and enforced as of November 2011.
The ordinance bans any use of mobile phones while driving, except to make a call (no texting, e-mailing, gaming or using your GPS without a mount). The law also applies at stop signs and stoplights.
Offending drivers could face a fine of up to $200.
Austin, Texas
The City Council of Austin banned texting and driving (ordinance 20091022-028) in October of 2009.
The ordinance states that a driver of a motor vehicle may not use a phone, tablet, or other wireless communication device to view, send, or compose an electronic message while moving, per City of Austin Ordinance No. 20091022-028 and 20091217-090. This law is commonly known as the “texting-while-driving ban.”
Bellaire, Texas
The city voted to ban texting while driving in December of 2009.
The ordinance (09-085) bans texting while driving, and also prohibits web surfing and accessing social networking sites on mobile devices. Making calls, communicating while stopped, or using an installed GPS or navigation system is still allowed.
Violators face fines up to $500.
Brownsville, Texas
A ban on texting while driving (Ordinance No. 2011-1539) was approved by the City Commission on February 15, 2011.
The ordinance prohibits drivers from texting while driving within city limits.
Violators face fines up to $500.
Canyon, Texas
The City of Canyon voted 3-1 to enacted a ban on texting while driving (Ordinance No. 960) in May of 2012, which went into effect on August 1st, 2012.
While behind the wheel, you can no longer legally send messages, write emails, use apps, enter directions, view websites, or do any other sort of typing on your mobile device. You can, however, still talk on the phone.
Violators face a $200 fine.
Conroe, Texas
City council members voted to ban texting while driving in March of 2010.
The ordinance prohibits texting while driving in the city limits, and even applies when you are stopped on the side of the road.
If you’re caught, the fine can be up to $500.
Converse, Texas
A ban on texting and driving (Ordinance No. 734) was passed by City Council in November of 2010.
A person commits an offense if they use a “wireless communication device to send, read, or write a text message, view pictures or written text, whether transmitted by internet or other electronic means, engage in gaming or any other use of the device, besides dialing telephone numbers or talking to another person, while operating a moving motor vehicle.” Making and receiving a phone call is permissible, as is using an affixed GPS device.
A person convicted of an offense shall be punished by a fine of up to $200 (not counted as a moving violation).
Denton, Texas
The city unanimous voted to pass the ordinance banning texting while driving (Ord. No. 2014-112) on May 6th of 2014, which went into effect on May 20th, 2014.
Denton’s new city ordinance bans wireless phone use (for anything other than calls) while driving. Texting, operating a GPS device or other apps, surfing the internet, etc. is considered a violation. Using Bluetooth or hands-free technology will still be allowed, as will talking on the phone and dialing a number. The ordinance does not apply to drivers on interstate highways running through the city.
Violators face fines of up to $200.
Edinburg, Texas
City Council adopted the ban on texting and driving in November of 2012.
Edinburg’s ban prohibits the operator of a motor vehicle from using a wireless communication device (including a cellular phone or other electronic media device) to view, send, or compose an electronic message or manually engage other application software while operating a motor vehicle upon any public roadway within the city, including when stopped at red lights or stop signs. There exist exemptions for drivers who are using a GPS device or notifying police of an accident.
Violations are punishable by a fine of up to $500.
Farmers Branch, Texas
On March 18th, 2014, the city unanimously passed an ordinance (Ord. No. 3274) that makes texting and driving illegal in the city of Farmers Branch.
Drivers are forbidden to send, receive, or read text messages while in a vehicle unless legally parked. This also includes reading, writing, or sending email; posting or reading any type of communication or messages on social media; accessing the internet; or using any applications on a smartphone (with the exclusion of voice activated GPS).
Tickets for an uncontested violation are estimated to cost $191.
Galveston, Texas
Galveston City Council voted to amendment to the city’s traffic code banning texting while driving, which went into effect in February of 2010 (Ordinance No. 10-004).
The law bans using “wireless communication devices to view, send or compose an electronic message” while driving. Motorists may have a valid defense if the vehicle was stopped, if they were making a phone call, or if they were texting to obtain emergency assistance.
A violation is a misdemeanor punishable by a fine up to $500.
Grand Prairie, Texas
City Council approved a no-texting-and-driving ordinance on August 20th, 2013, which went into effect on September 1st, 2013.
The ordinance prohibits the use of a wireless device to send, read or write text messages or e-mails while driving (except when parked). Drivers may still make and receive phone calls while driving. GPS navigation is allowed if the device mounted inside the vehicle and in a hands-free mode.
Drivers found violating this ordinance can face a fine of up to $200.
Harlingen, Texas
In October of 2011, the Harlingen City Commission voted unanimously to make texting and driving illegal (Ord. No. 11-51). The measure took effect in January of 2012.
The measure prohibits a driver from “reading, writing, or sending a text message, instant message or email while driving within the city limits of Harlingen.”
Violators could get a fine of up to $200.
Helotes, Texas
City Council members voted unanimously on February 10th, 2011 to ban texting while driving (Ord. No. 443).
The new ordinance does not ban voice-activated texting.
Violators face fines of up to $500.
Jacksonville, Texas
The Jacksonville City Council unanimously voted to place a ban on texting and driving in January of 2016.
While you are not allowed to text and drive, it is still legal to make and receive phone calls while driving. Once you use your phone to type or text in any manner (even opening up an app) an officer can give you a ticket.
Violators could face a fine of between $200 and $500.
Laguna Vista, Texas
In May of 2014, Laguna Vista Town Council passed a city-wide ordinance (2014-14) that banned texting while driving. Full enforcement began in April of 2015.
The ordinance states that “it shall be unlawful for an operator of a motor vehicle to use a wireless communication device to view, read, send or compose an electronic message or manually engage other application software while operating a motor vehicle upon any roadway in the Town, including when stopped.” Drivers are still permitted to use mobile phones to make and receive phone calls, or to use GPS navigation.
Any person convicted faces a fine of up to $500 per violation.
Magnolia, Texas
In 2011, the city of Magnolia also enacted a no texting while driving ordinance (Ordinance No. O-2011-022).
The ordinance states that a person commits an offense if he/she operates a motor vehicle while using a wireless communication device to view, send or compose an electronic message. The ordinance covers all aspects of wireless messaging, including texting, emailing and using social media. Phone calls are still allowed, as is the use of GPS navigation.
Offenses are punishable by fines of up to $200.
Maypearl, Texas
City Council passed an anti-texting-and-driving City Ordinance (1304083) banning the use of wireless devices for any purpose other than making a telephone call while operating a motor vehicle.
The ordinance states that “a person commits an offense if the person uses a wireless communication device to send, read, or write a text message, view pictures or written text, whether transmitted by internet or other electronic means, engage in gaming or any other use of the device, besides dialing telephone numbers or talking to another person, while operating a moving motor vehicle.” Hand-held phone calls are allowed, as is the use of GPS (when affixed to the vehicle).
A citation will be issued to drivers found violating this ordinance, and the fine can reach as high as $200.
McAllen, Texas
City Council unanimously passed a texting while driving ban in January of 2011 (Ordinance 201104).
The ordinance forbids the sending or reading of text messages while driving, browsing the web, or and “viewing or accessing other data that uses commonly recognized communications protocol.” Talking on the phone is still legal, as is the use of GPS.
The maximum fine for most municipal court traffic violations in McAllen is $200.
Meadowlakes, Texas
City Council unanimously voted to pass a measure banning texting-while-driving (Ordinance No. 2012-09) in November of 2012.
The law states that “it shall be unlawful for an operator of a motorized vehicle to use a hand held wireless communications device to view, read, write, send or compose an electronic message or manually engage other applications software while operating a motorized vehicle upon any roadway within the City of Meadowlakes, including when stopped.” This ordinance even applies to golf carts. Drivers are still permitted to make and receive hand-held phone calls, and may operate GPS navigation.
Violations are punishable by a fine of up to $200.
Midland, Texas
City Council passed the measure banning texting-while-driving on August 11th, 2015, and the law went into effect in September of 2015.
Drivers in Midland are no longer allowed to use a wireless communication device (cell phone, tablet, laptop, etc.) to view, send or compose electronic messages or to interact with application software (apps), while operating a motor vehicle on public roadway. Drivers may still talk on the phone and use GPS navigation.
The maximum fine will be $500.
Mission, Texas
City Council unanimously passed an ordinance (Ordinance No. 3642) banning texting while driving in April of 2011.
The ordinance prohibits using a phone (or wireless communication device) to view, send or compose an electronic message or manually engage other application software while operating a motor vehicle upon any roadway in the city. Hand-held phones can still be used to make and receive phone calls.
The charge is a Class C Misdemeanor, which carries up to a $500 fine.
Missouri City, Texas
Missouri City passed the no texting while driving law in February of 2010, and began ticketing drivers on June 1st, 2010.
While talking on cell phones is still be legal while driving, sending text messages, e-mails or using any other cell phone applications is not. Even when stopped at a red light or stop sign, you can be ticketed.
The fine for breaking the ordinance could be as high as $500 dollars.
Mount Vernon, Texas
Mount Vernon has enacted a law banning texting while driving within city limits.
A driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message or engage other application software while operating a motor vehicle.
Drivers may be subject to fines of between $75 and $500.
Nacogdoches, Texas
In October of 2011, Nacogdoches City Council adopted an ordinance (1580-10-11) prohibiting the use of electronic messaging devices while driving inside city limits.
The ban includes text messaging, emailing, and the use of other applications that are used for electronic messaging. It is still permissible to talk on the phone and dial or deactivate a call.
Under the new law, violators could be fined up to $500.
Palmview, Texas
Palmview’s commission unanimously voted in May of 2011 to prohibit texting while driving (Ord. No. 2011-05).
The city voted to ban drivers from “viewing, sending and composing messages as well as engaging in other applications such as surfing the Internet or reading email.” As with other cities with similar texting ordinances, drivers may still dial and talk on the phone (and use GPS applications).
Offending drivers face a first-degree misdemeanor, which carries a fine of $50 to $250 if convicted.
Pampa, Texas
City Council unanimously passed an ordinance banning texting while driving. The law went into effect in March of 2013.
In Pampa city limits, driving while using a “wireless communication device” for anything other than talking is illegal.
Violators of the ordinance face a fine of up to $500.
Peñitas, Texas
In 2011, City Council passed an ordinance (Ordinance No. 2011-01) banning texting while driving.
The ordinance states that “it shall be unlawful for an operator of a motor vehicle to use a wireless communication device to view, read, send or compose an electronic message or manually engage other application software while operating a motor vehicle upon any roadway in the city, including when stopped. Hand-held use of a phone for making and receiving calls (as well as GPS) is still allowed.
Richwood, Texas
City Council passed an ordinance (Ordinance No. 383) aimed at outlawing texting while driving within city limits.
The ordinance states that “it shall be unlawful for a person to use a wireless communication device to view, send, or create an electronic message while operating a motor vehicle upon a roadway within the city.” Hand-held phone calls are allowed, as is the use of an affixed GPS device.
Any person who shall intentionally, knowingly or recklessly violate any provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, may be ?ned.
Rowlett, Texas
City Council adopted the no texting while driving ordinance (Ord. No. 016-14) on April 15th, 2014.
The law states that “it shall be unlawful for a person to use a wireless communication device to view, send, or create an electronic message while operating a motor vehicle upon a public street or highway within the city.” Hand-held phone calls are not included in the ordinance, and the use of GPS is permissible.
An offense under this section is a misdemeanor punishable by a fine of up to $500.
San Angelo, Texas
City Council voted 5-1 to enact a no texting while driving ordinance in January of 2016.
According to the ordinance, it is illegal to compose or read a text message or email while driving—even when stopped at a red light. You are, however, still allowed to use your phone to make and recieve phone calls or use GPS navigation.
A violation is punishable by a fine of up to $500.
Shoreacres, Texas
In 2010, Shoreacres adopted an ordinance (Ord. No. 2010-72, 6-28-2010) outlawing texting while driving.
The ordinance states that “a driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message or engage other application software while operating a motor vehicle in a driving lane, including when stopped in a driving lane.” Hand-held phone calls are allowed, as is the use of an affixed GPS device.
Violations are considered a misdemeanor offense punishable by a fine not exceeding $500.
Stephenville, Texas
City Council banned texting while driving (Ord. No. 2010-07) on April 6th, 2010.
Drivers in Stephenville “may not use a wireless communication device to view, send, or compose an electronic message while operating a motor vehicle.” Drivers can, however, make and receive phone calls, use an affixed GPS unit, or text when the vehicle is stopped.
The maximum fine for a violation is $500.
Tomball, Texas
Under an ordinance (No. 2010-25) unanimously approved by city council in late 2010, drivers are banned from texting while driving.
A person commits an offense if the person drives or operates a motor vehicle in the City while using a wireless communication device to view, send or compose an electronic message. Drivers heading through Tomball are still allowed to talk on their smart-phones and operate their (affixed) GPS systems.
Violators can face fines of up to $200.
Universal City, Texas
Universal City has banned texting while driving in its 6.2-square-mile jurisdiction, and began enforcing the new law (Ord. No. 603) in October of 2010.
An operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle in the city limits of the City of Universal City, Texas. The ban applies to portable (non-affixed) GPS units as well. The ordinance does make an exception for use of “hands-free” devices.
A violation is a Class C misdemeanor and carries a fine of up to $200.
West University Place, Texas
In late 2009, the City Council became the 2nd Texas city to ban texting and driving, voting unanimously to pass the proposal (Ord. No. 1908).
The ordinance states that “a driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message while operating a motor vehicle in a driving lane, including when stopped, (for example, at a stop sign or traffic light).” The law does still allow hand-held phone calls, as well as the use of affixed GPS units.
Cities in Texas with hands-free laws.
Alice, Texas
Hands-free ordinance (Ord. No. 1972) enacted in April 2014.
The law bans the hand-held use of electronic communication devices while operating a vehicle, although hands-free devices are allowed. Drivers of government vehicles can use a cell phone “in their official capacity,” and drivers can still use mobile devices for GPS purposes or to make an emergency call.
Offending drivers could face a penalty of up to $200.
Amarillo, Texas
The city adopted a hands-free ordinance in September 2012 which was enacted on January 3rd, 2013.
The law prohibits the use of handheld cell phones while driving (even while stopped in traffic) within the Amarillo city limits. Hands-free devices are allowed. Drivers of government vehicles can use a cell phone when “acting in official capacity with an immediate need to give or receive necessary official information,” and drivers can still use mobile devices for making an emergency call.
Violators could face a fine of up to $200 plus court costs. The offense is not considered a moving violation and may not be made a part of a person’s driving record or insurance record.
Aransas Pass, Texas
City Council approved the hands-free ordinance (Ord. No. 4058) in December 2013.
Ordinance prohibits the use of any wireless communication device by operators of motor vehicles within the city limits. The use of wireless communication devices that are affixed to the vehicle (and/or used as a global positioning or navigation system) is permissible. The use of a hands-free device is also allowed.
The ordinance does not apply while driving on private property. Drivers of authorized emergency vehicles can use a cell phone while “acting in an official capacity.”
A violation is a Class C misdemeanor punishable by a fine of up to $500.
Argyle, Texas
A hands-free ordnance was adopted in November 2015, and full enforcement begins May 1st, 2016.
The ordinance bans the sue of any hand-held electronic devices while driving (including texting, making calls, viewing websites, GPS, gaming, or even holding the device in your hand). Hands-free devices using Bluetooth and/or headsets will still be permissible.
Offending drivers could face citations up to $200.
Austin, Texas
In addition to Austin’s texting-while-driving ban passed in 2009, a city-wide hands-free ordinance was passed in August 2014 and went into effect on January 1st, 2015.
As defined in ordinance No. 20140828-041 (hands-free ordinance), it is unlawful to use portable electronic devices while operating a motor vehicle or bicycle within Austin city limits. Using a hands-free system such as Bluetooth, headphones, or an affixed GPS system is permissible.
Violations are classified as a class C misdemeanor, with a fine of up to $500.
Bedford, Texas
In 2014, City Council voted unanimously to adopt a hands-free ordinance (Ord. No. 14-3109) that makes it a Class C misdemeanor to use handheld devices to read, write or send text messages or emails (or access the internet) while operating a vehicle. Affixed GPS devices and hands-free devices are still allowed.
Violating the ordinance carries a $200 fine.
Corpus Christi, Texas
A hands-free city ordinance (Ord. No. 53-16) went into effect in October of 2015.
The law states that “an operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle within the city limits.” This does not apply to hands-free devices or affixed GPS devices, nor does it apply while the vehicle is parked (not simply stopped), while on private property.
Punishable by a fine of up to $500.
Deer Park, Texas
City Council unanimously approved a hands-free ordinance in July of 2015 which prevents the use of cell phones and other wireless devices while driving within city limits.
Hands-free devices, such as Bluetooth, are still allowed. The ordinance doesn’t apply to drivers who are legally parked, or on school property.
Violators are subject to a Class C misdemeanor, and a fine of up to $200.
El Paso, Texas
El Paso passed a hands-free city ordinance (017286) prohibiting the use of cellular phones while operating a vehicle. The ban took effect April 1st, 2010, and enforcement began in May of 2010.
Drivers may not use a hand-held wireless communication device unless stopped and off of the roadway. Drivers are allowed to make and receive calls if the device is integrated with (or attached to) the vehicle, and all wireless devices must be used solely in “voice-activated” or “hands-free” mode while driving.
Fines for operating a motor vehicle while using a cell phone in El Paso are $116.00 per offense.
Laredo, Texas
Laredo City Council passed a hands-free ordinance (Ordinance No. 2015-O-135) in November of 2015. Enforcement began in February of 2016.
The ordinance states that it’s illegal for motorists to operate a motor vehicle while using a hand-held wireless communication device for engaging in a call, texting, sending or receiving texts, taking or viewing pictures, gaming or any other purposes.
Offenses are punishable by fines of up to $200.
Little Elm, Texas
In January of 2016, the Little Elm Town Council voted 6-0 to ban the use of hand-held wireless devices while driving. Enforcement is set to begin March 1st, 2016.
It is now illegal for drivers to call, read or write text messages, take pictures, use apps, play games, or visit websites (or even just hold the device) while driving. Drivers may still use hands-free wireless devices for phone calls and GPS navigation.
First-time violators can be ticketed and fined $250. A third violation could cost you up to $500.
New Braunfels, Texas
In August of 2015, City Council voted 4-3 to approve one of the toughest hands-free laws (Ordinance 2015-41) in the state, banning the use of cell phones and other electronic devices while driving.
The new law bans the use of texting, e-mail, and talking on a hand held phone while driving. It also bans the use of electronic devices such as e-book readers, iPods & MP3 music players, and cameras while a person is driving on a public road. The law does not apply on private property, or to affixed GPS devices. Hands-free phone calls are still allowed.
Fines start at $100 and can go as high as $500 for a 3rd violation.
San Antonio, Texas
A hands-free ordinance (2010-10-07-0853) was passed unanimously in November 2014 and enacted in February of 2015.
Ordinance prohibits any use of hand-held devices on the road, requiring motorists to use Bluetooth, car speakers or other hands-free methods to talk on the phone. Drivers may still use hands to activate or deactivate a call, but cannot hold the phone while talking (even if on speaker phone).
The city ordinance does not apply to the incorporated suburbs (Alamo Heights, Shavano Park, etc).
Maximum fine is $200.
Schertz, Texas
City Council voted 3-2 to adopt hands-free ordinance (Ord. 15-D-16) in June of 2015.
The ordinance prohibits drivers from using handheld wireless devices to make calls, text, view or take photos, or play games while driving. Drivers will be able to use mobile phones to make hands-free calls or for GPS navigation (if the device is affixed to the vehicle).
Drivers could be fined $200 for each offense.
Sinton, Texas
Sinton City Council members voted in 2014 to enact a hands-free ordinance (Ord. No. 2014-02) in the city.
The ordinance states that “an operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle within the city limits.” Hands-free devices are permissible for making and receiving phone calls, as is the use of affixed GPS units.
Maximum fine per violation is $500.
Did we miss any other Texas cities with distracted driving laws? Did your town recently pass a similar law? Let us know by leaving a comment below!
The post Texas Cities Which Ban Texting and Driving appeared first on Rasansky Law Firm.
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