Texting and Driving Laws in Texas

Texas has a statewide ban on texting while driving. This means it is illegal for drivers to read, write, or send text messages while operating a motor vehicle. This law, codified under Texas Transportation Code § 545.4251, was enacted in 2017 to address the growing dangers of distracted driving.

A first-time offense carries a fine between $25 and $99, while subsequent violations can lead to fines of up to $200. If texting while driving leads to a crash involving a serious injury or death, the offense may be elevated to a Class A misdemeanor, carrying potential jail time of up to one year and a fine of up to $4,000.

Additional Restrictions for Certain Drivers in Texas

Texas imposes additional restrictions on specific groups of drivers to further prevent distracted driving accidents:

• Drivers Under 18 – It’s illegal for drivers under 18 years old to use any wireless communication device, including hands-free systems, while driving.
• School Bus Drivers – School bus drivers are strictly prohibited from using a handheld device while operating a bus if children are present.
• New Drivers in Their First Six Months – Drivers with a learner’s permit are prohibited from using a cell phone in any capacity within their first six months of driving.

City-Specific Bans on Handheld Device Use

While the statewide law primarily targets texting, many Texas cities, including Austin, San Antonio, El Paso, and Corpus Christi, have enacted local ordinances that ban the use of handheld devices altogether. In Corpus Christi, for example, drivers are prohibited from using handheld mobile phones while driving, with exceptions for hands-free devices or emergency calls. Violations can result in fines and court fees that may exceed those under the state law.

Exceptions to the Texting Ban

Texas law does allow limited exceptions where drivers can use a wireless communication device while driving:

• Using a hands-free device, such as Bluetooth or voice-command systems
• Reporting a crime, emergency, or traffic hazard
• Reading or sending messages when the vehicle is stopped
• Using GPS navigation
• Operating an authorized emergency vehicle

Civil and Criminal Liability for Texting-Related Accidents

Texting while driving can expose a driver to both civil and criminal liability in Texas. If a distracted driver causes an accident, they may be held legally responsible for damages through a personal injury lawsuit under the legal theory of negligence per se—meaning that violating the texting law automatically establishes negligence. Victims of distracted driving accidents can seek compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Wrongful death claims (if a fatality occurs)

Comparative Fault in Texting and Driving Cases

Under Texas’s modified comparative fault rule (Texas Civil Practice and Remedies Code § 33.001), a driver who was partially at fault for an accident may still recover damages if they were less than 51% responsible. With that said, their compensation will be reduced by their percentage of fault. If a texting driver is found to be more than 50% responsible, they will be barred from recovering any damages.

Law Enforcement and Evidence in Texting and Driving Cases

Law enforcement officers in Texas can issue citations for texting while driving based on their observations. Moreover, proving texting-related negligence in civil cases often requires additional evidence, such as:

• Cell phone records subpoenaed by attorneys
• Surveillance footage showing phone use at the time of the crash
• Eyewitness testimony
• Data from vehicle infotainment systems
• Crash reconstruction analysis

Tips to Protect Yourself from Distracted Drivers

To reduce the risk of accidents caused by texting and driving, Texas motorists should:

• Use hands-free technology whenever possible
• Enable “Do Not Disturb” mode on their phones while driving
• Encourage passengers to assist with navigation or communication
• Stay vigilant and defensive around distracted drivers on Texas roads

Frequently Asked Questions

Can a police officer pull me over just for texting while driving, even if I am otherwise driving safely?

Yes. Texas law allows law enforcement officers to stop a driver solely for texting while driving, even if there are no other traffic violations. Officers do not need additional probable cause to initiate the stop if they reasonably believe you are using a handheld device for texting.

Does the texting and driving law apply if I am using a hands-free feature like voice-to-text?

No. Texas law specifically prohibits manually typing or sending messages while driving. If you are using a hands-free feature such as voice-to-text or a mounted device that allows you to send messages without holding the phone, you are not violating the law. However, distracted driving in any form can still result in a citation if it causes erratic or unsafe driving.

Can I be fined for reading a text message even if I do not respond?

Yes. The law prohibits reading, writing, or sending text messages while driving. Even if you are only looking at a message and not responding, you can still be ticketed.

Are there any special circumstances that allow texting while driving in Texas?

Yes. You may legally text while driving if you are reporting an emergency, crime, or seeking medical assistance. Law enforcement officers, emergency responders, and operators of authorized emergency vehicles are also exempt from the ban while performing official duties.

Can I text at a red light or while stopped in traffic?

Technically, Texas law only prohibits texting while the vehicle is in motion. However, local ordinances may impose stricter rules, and an officer may still cite you for distracted driving if your texting causes a delay in responding to a green light or leads to a traffic hazard.

Do texting and driving laws apply to private property, such as a parking lot?

No. Texas traffic laws generally apply only to public roads. However, if your texting leads to an accident on private property, you may still face civil liability or be cited for reckless driving.

Can a passenger be fined for texting while in a moving vehicle?

No. The law only applies to drivers. Passengers are free to text while the vehicle is in motion. In relation to this, if a passenger’s actions cause a distraction that leads to an accident, they could potentially share liability in a civil case.

Can my employer be held responsible if I am texting for work while driving and cause an accident?

Yes. Under the legal doctrine of vicarious liability, an employer may be held responsible if an employee causes an accident while performing job-related duties, including texting or responding to work emails while driving. Some companies have policies that prohibit employees from using mobile devices while driving to limit their liability.

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