Texas Legislators Seek Stricter Laws on Cell Phones and Driving

January 13, 2011

Amid growing concern over distracted driving, several Texas legislators recently introduced bills to ban or limit wireless communication and cell phone use while driving. At least four bills regulating cell phone use in vehicles have been proposed for the 2011 legislative session.

Cell Phone Usage and Driving: Current Texas Laws

Several Texas laws currently regulate cell phone use while driving:
- Drivers under age 17 with restricted or provisional licenses are prohibited from using any wireless communication devices while driving.
- Drivers with learners' permits cannot use handheld cell phones during their first six months of driving.
- All drivers are prohibited from using handheld communication devices in school crossing zones.
- School bus operators cannot use cell phones while driving if a child is present on the bus.

In addition to these state laws, several Texas municipalities have enacted local laws regulating cell phone use while driving.

Cell Phone Bills: 2011 Proposals in Texas

The 2011 session has plans to address additional proposals pertaining to cell phone use while driving. Legislators have introduced four bills for the 2011 Texas legislative session.

Senator Judith Zaffirini introduced Senate Bill 46 that would prohibit drivers from using wireless communication devices to read, write or send text and email messages unless the vehicle is stopped.

Senate Bill 119, proposed by Senator Carlos Uresti, House Bill 243, proposed by House Representative Tom Craddick, and House Bill 103, introduced by House Representative Trey Martinez Fischer are all similar to Senator Zafffirini's proposal.

Representative Fischer, however, proposes to increase the fine to $400 if the offense occurs in a school zone.

Texas Drivers Feel Less Safe

The Center for Transportation Safety at the Texas Transportation Institute recently surveyed Texas drivers and inquired about their feelings towards road safety. More than a third of the respondents indicated that they feel less safe on the roads now than they did five years ago. In particular, respondents listed drivers texting or talking on cell phones as a major safety concern. Fifty-two percent of the respondents said they would support a ban on cell phone use while driving.

It's likely that regulations regarding cell phone usage while driving will continue to be an important subject of interest for the Texas legislature. It remains to be seen, however, just what laws will be implemented and whether common sentiment will play a factor into the legislature's actions.

Article provided by Weinstein Law
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