Texas law prohibits reading, writing, or sending electronic messages while driving.
While Texas doesn’t have a complete hands-free law, drivers under 18 face total device bans, and using any handheld device in active school zones is illegal.
The law gets more complicated when you look at local city ordinances and special restrictions, as many Texas cities have enacted local ordinances that ban all handheld phone use while driving.
Violating Texas distracted driving laws can result in fines that vary by jurisdiction. If you cause a crash while texting, you could face criminal charges and significant civil liability.
Understanding what’s legal and what isn’t could save you money, legal trouble, and lives.
What Does Texas Ban While You Drive?
Texas Transportation Code § 545.4251 makes it illegal to read, write, or send electronic messages while driving. An “electronic message” means any text, email, instant message, or social media communication sent through your phone or similar device.
The law doesn’t just target traditional text messages; it covers all digital communications that take your eyes off the road.
Here’s exactly what you cannot do while driving in Texas:
- Reading messages: Even glancing at a text or email violates the law.
- Writing or typing: Composing any message, whether text, email, or social media post.
- Sending communications: Hitting send on any electronic message.
- Social media posting: Updating Facebook, Instagram, Twitter, or any other platform.
The key word here is “driving.” If your vehicle is lawfully positioned as a parked car and out of traffic, you can use your phone freely.
Is Texas a Hands Free State?
No, Texas is not a hands-free state like California or New York. The statewide law only prohibits electronic messaging, not all phone use while driving.
You can still legally make phone calls while holding your device. You can also use your phone for GPS navigation or music, though I don’t recommend it for safety reasons.
This creates confusion because many Texans think we have complete hands-free laws. The reality is more complicated. While handheld calls are legal under state law, using your phone in any way that causes unsafe driving can still get you cited for other violations like failure to maintain a single lane or failure to yield.
Are There Exceptions to the Texting Ban?
Yes, Texas law includes specific exceptions that allow phone use in certain situations. These exceptions recognize that sometimes using your device is necessary for safety or emergencies.
Emergencies and When the Vehicle Is Stopped
You can legally use your phone to report emergencies, crimes, or request medical help. This exception makes sense; if you witness an accident or crime, you shouldn’t have to wait to call 911.
You can also text when your vehicle is completely stopped and legally parked outside the flow of traffic. This doesn’t mean stopped at a red light or in traffic, you must be actually parked.
GPS and Voice Features
Using GPS navigation is legal under Texas distracted driving laws. Voice-activated features for calls and texts are also permitted since they don’t require you to look at or handle your device.
However, manually typing an address into your GPS while driving still counts as illegal electronic messaging. Set your destination before you start driving or pull over safely to make changes.
What Special Rules Apply to Teens, School Zones, and Buses?
Texas imposes much stricter rules on young drivers and in areas where children are present. These zero-tolerance policies recognize that inexperienced drivers and school environments require extra protection.
Under 18 and Learner Restrictions
Texas Transportation Code § 545.424 completely bans all wireless device use for drivers under 18. This means no phone calls, no texting, and no hands-free systems—nothing.
New drivers with learner’s permits face this complete ban for their first six months of driving. The logic is simple: inexperienced drivers need to focus entirely on learning basic driving skills without any distractions.
School Zones and School Bus Rules
Texas Transportation Code § 545.425 prohibits using handheld wireless communication devices while operating a motor vehicle in an active school crossing zone, except when the vehicle is stopped or a hands-free device is used. An “active” school zone means when warning lights are flashing or during posted school hours.
In school zones, you must use hands-free devices for calls or wait until you’re past the zone. School bus drivers cannot use phones at all when children are present on the bus.
Do Texas Cities Ban Handheld Phone Use?
Yes, over 90 Texas cities have local ordinances that are stricter than state law. These cities ban all handheld device use while driving, not just texting and electronic messaging.
Cities like Austin, San Antonio, and El Paso require complete hands-free operation. This means you cannot hold your phone for any reason while driving in these jurisdictions.
| City | What’s Banned | Fine Range |
| Austin | All handheld use | Up to $500 |
| San Antonio | All handheld use | Up to $200 |
| El Paso | All handheld use | Up to $200 |
| Dallas | Texting only | $25-$200 |
The patchwork of local laws creates confusion for drivers traveling between cities. When in doubt, use hands-free systems or pull over to make calls.
What Are the Penalties in Texas?
Penalties for violating distracted driving laws range from minor fines to serious criminal charges. The severity depends on whether your violation caused harm to others.
First and Repeat Offense Fines
Basic texting while driving violations result in these fines:
- First offense: $25 to $99 fine
- Repeat violations: $100 to $200 fine
- School zone violations: Enhanced penalties may apply
These fines might seem minor compared to speeding tickets, but they’re just the beginning if your texting causes a crash.
Crashes Causing Injury or Death
When texting while driving causes a crash that injures someone, the violation becomes a Class A misdemeanor. This carries penalties of up to $4,000 in fines and up to one year in jail.
If a fatal car accident occurs because you were texting, you could face felony charges for criminally negligent homicide. These charges carry much more severe penalties, including potential prison time.
Insurance Impact and License Status
Texas eliminated its driver’s license point system in 2019, but distracted driving violations still appear on your driving record. When evaluating your driving record, insurance companies can see these violations and may increase your insurance premiums.
Commercial drivers face federal regulations under 49 C.F.R. §§ 392.80-392.82 that impose stricter penalties, including potential disqualification from commercial driving.
Can Police Pull You Over for Texting?
Yes, texting while driving is a “primary offense” in Texas. This means police officers can stop you solely for this violation without needing another reason like speeding or swerving.
Officers are trained to spot distracted drivers through these behaviors:
- Erratic lane positioning: Weaving or drifting between lanes
- Inconsistent speed: Slowing down and speeding up unexpectedly
- Looking down repeatedly: Taking eyes off the road to look at lap or passenger seat
- Delayed reactions: Slow responses to traffic signals or other vehicles
If an officer sees these signs and suspects you’re texting, they have legal grounds to pull you over.
Is Texting at a Red Light Legal?
No, texting at a red light or while stopped in traffic is still illegal in Texas. Under the law, you’re considered to be “operating” your vehicle whenever you’re in the driver’s seat with the engine running, even when stopped.
The only time you can legally send electronic messages is when you’re lawfully parked and completely out of the flow of traffic. This means pulling into a parking space, not just stopping on the shoulder.
Many people get tickets because they think red lights create an exception to the texting ban. They don’t; you’re still driving according to Texas law.
How Distracted Driving Affects Your Injury Claim
When a driver violates texting laws and causes a crash, it creates powerful evidence for your personal injury claim. These violations help establish negligence and liability in ways that significantly strengthen your case.
Negligence Per Se and Comparative Fault
Breaking a safety law like the texting ban establishes “negligence per se” in Texas courts. This legal doctrine means the violation automatically proves the driver was negligent, making it much easier to establish fault.
This matters because Texas follows a modified comparative fault rule. If you’re found 51% or more at fault for an accident, you recover nothing. When the other driver violated distracted driving laws, it’s much harder for them to shift blame onto you.
Evidence That Proves Phone Use
As an experienced auto accident attorney in Lubbock, Texas, I use several types of evidence to prove distracted driving in injury cases:
- Cell phone records: Subpoenaed records showing calls, texts, and data usage at the exact time of the crash
- Witness testimony: Witness testimony from people who saw the driver looking at their phone before or during the collision
- Police reports: Officer observations about phone location, driver admissions, or visible device use
- Vehicle data: Modern cars record driver inputs that can show distraction patterns
The key is preserving this evidence quickly. Because carriers may purge detailed records quickly, I immediately send spoliation letters demanding preservation of all relevant data.
Spoliation Letters and Fast Preservation
A spoliation letter is a legal demand that requires the at-fault driver and their phone company to preserve all evidence related to device usage. I send these within 24-48 hours of being hired because evidence disappears fast.
Without quick action, crucial proof of distracted driving vanishes forever. This evidence often makes the difference between a successful claim and a denied one.
What to Do After a Crash with a Distracted Driver
Your actions immediately after a distracted driving crash can significantly impact your ability to recover compensation. Here’s exactly what you should do:
At the scene:
- Call 911: Tell the responding officer you believe the other driver was using their phone
- Document everything: Take photos of both vehicles, the crash scene, and any visible phones
- Get witness information: Collect names and phone numbers of anyone who saw the crash
- Seek medical attention: Get checked by a doctor even if you feel fine initially, as medical bills from delayed injuries can become significant
After leaving the scene:
- Don’t admit fault: Stick to facts about what you observed
- Contact Perrin Law PLLC Injury & Accident Lawyer immediately: I’ll send preservation letters and begin investigating right away
- Avoid recorded statements: Let me handle all insurance communications
Time is critical in distracted driving cases. The sooner you contact me, the better I can preserve the evidence needed to prove your case.
Knowledgeable Distracted Driver Accident Attorney in Lubbock, Texas
If a distracted driver has turned your life upside down, you don’t have to navigate the legal system alone. I help hold negligent drivers accountable and recover compensation for their victims.
At Perrin Law PLLC Injury & Accident Lawyer, I prepare every case as if it’s going to trial because insurance companies take you more seriously when they know you’re ready to fight. My contingency fee structure means you pay nothing unless we win your case.
The distracted driving laws in Texas are powerful tools for proving negligence, but you need an experienced attorney who knows how to use them effectively. Contact my office today for a free consultation, and let me put my experience to work protecting your rights and securing the compensation you deserve.
Frequently Asked Questions
What Counts as an Electronic Message Under Texas Law?
An electronic message includes any text, email, instant message, or data communication sent through a phone app. This covers social media posts, comments, and any other digital communication that requires reading or typing.
Can Police Get My Phone Records After a Crash?
Yes, in a civil lawsuit, I can subpoena phone records from carriers that show usage at the time of the crash. This evidence is crucial for proving distracted driving and often determines the outcome of injury claims.
Do Austin, San Antonio, and El Paso Ban Handheld Phones?
Yes, these cities and over 90 others in Texas have local hands-free ordinances that ban all handheld phone use while driving. You must use hands-free devices or risk fines up to $500.
Can I Text While My Car Is Stopped at a Red Light?
No, you’re still considered to be operating your vehicle when stopped at traffic lights or in traffic. You can only legally text when lawfully parked and completely out of the flow of traffic.
Does a Texting Ticket Make the Other Driver Automatically at Fault?
While it establishes strong evidence of negligence per se, Texas comparative fault rules still apply. However, the violation makes it extremely difficult for the other driver to shift blame onto you.
How Long Do Phone Companies Keep Detailed Usage Records?
Many carriers retain detailed call and text records only for a limited time, so preservation requests should be sent promptly. This is why I immediately send spoliation letters demanding preservation of evidence—waiting even a few weeks can mean losing crucial proof forever.
Is Eating or Using GPS Illegal While Driving in Texas?
Eating isn’t specifically illegal but can lead to citations for failure to maintain control if it causes unsafe driving. Using GPS is legal, but manually typing addresses while driving violates the electronic messaging ban.
What Happens If I Get a Distracted Driving Ticket in Another Texas City?
You must pay the fine according to that city’s ordinance, which can be much higher than state penalties. The violation also appears on your driving record and can increase insurance rates significantly.