It’s become an unfortunate second nature in the digital age, but using your phone behind the wheel in Texas can carry legal consequences. Understanding the state’s cell phone and texting laws isn’t just about avoiding a fine, it’s about staying safe, minimizing risk, and avoiding liability in the event of a crash.
If you’re involved in a car accident where distracted driving is suspected, the use of your phone could influence how fault is determined under Texas law.
What Does Texas Law Say About Cell Phone Use While Driving?
Texas law prohibits certain uses of a cell phone while operating a motor vehicle, primarily aimed at reducing distracted driving. Under Texas Transportation Code § 545.4251, it is illegal for any driver to read, write, or send a text message while driving.
This statute makes texting and driving a statewide offense. However, it doesn’t create a full ban on handheld devices. Drivers can still legally use their phones for other purposes, like adjusting music or navigating with GPS, as long as they’re not actively typing or reading messages.
Why Is Talking on the Phone Still Legal in Texas?
One of the more confusing aspects of Texas’s distracted driving laws is the fact that talking on a cell phone, whether handheld or hands-free, is not expressly banned for most adult drivers under state law. That’s because the statewide statute specifically targets reading, writing, or sending electronic messages, not verbal communication.
The rationale lies in legislative balance. While any cell phone use can create distractions, lawmakers have chosen to focus enforcement on texting, which typically requires drivers to divert their eyes and hands from the road.
This type of visual-manual distraction is particularly dangerous. According to the NHTSA, sending or reading a text takes your eyes off the road for about five seconds. At 55 mph, that’s like driving the length of a football field with your eyes closed.
Talking, particularly when using hands-free technology, is seen as a lesser risk, even though studies suggest it can still impair attention.
The bottom line: while talking on the phone while driving may be legal statewide, it still carries safety risks and may be prohibited under local law.
Drivers should always check for city-specific rules and consider using hands-free options to minimize distraction.
Exceptions to the Rule
There are several exceptions written into the Texas texting law. For instance, drivers are allowed to:
- Use their phones to report a crime, fire, serious traffic accident, or medical emergency.
- Activate music, make calls, or use navigation apps via hands-free technology.
- Interact with their devices when the vehicle is stopped.
Specific rules apply to certain groups. For example:
- Drivers under 18 are prohibited from using any wireless communication devices while driving.
- School bus drivers may not use a phone while driving if children are present.
- All drivers must refrain from using handheld devices in school zones.
Local Ordinances: Where the Rules Get Stricter
While Texas has a statewide texting ban, some cities have passed stricter local ordinances. For example:
- Austin bans all handheld device use while driving.
- San Antonio prohibits the use of handheld mobile devices unless the vehicle is stopped.
- El Paso enforces similar restrictions, with active public awareness campaigns.
Drivers passing through different cities may unknowingly violate these local laws. It’s important to be aware of regional rules, especially when traveling.
Penalties for Violating Cell Phone Laws in Texas
Violating the state’s texting while driving law can result in a fine of $25 to $99 for a first offense, and up to $200 for repeat offenses. However, if the violation leads to a crash that results in serious injury or death, the legal consequences can be far more severe.
Drivers may face criminally negligent homicide charges under Texas Penal Code § 19.05 if the death results from negligent conduct. This offense is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000. In more serious cases where the conduct is considered reckless—meaning the driver was aware of the risk and consciously disregarded it—manslaughter charges under Texas Penal Code § 19.04 may apply, carrying a penalty of 2 to 20 years in prison.
A clear example is the case of Brandon Bowers, who was convicted of manslaughter in 2023 after causing a fatal accident while texting and watching videos on his phone. Bowers struck and killed two people who were refueling a vehicle on the side of the highway. His actions, deemed reckless, led to a five-year prison sentence.
Beyond criminal charges, drivers found to have violated Texas cell phone laws may also see increased insurance premiums and face civil liability. According to the Texas Department of Transportation, distracted driving contributes to thousands of crashes across the state each year, many involving life-altering injuries or fatalities.
Distracted Driving and Liability in Car Accidents
Texting or using a phone while driving isn’t just a traffic offense, it can also be evidence of negligence in a personal injury lawsuit. If a driver is found to have been distracted at the time of a collision, that fact may influence the assignment of fault.
Texas follows a modified comparative fault rule, meaning that if a distracted driver is more than 50% responsible for a crash, they may be barred from recovering damages. Conversely, if you are injured by someone who was texting or using a phone, you may be able to seek compensation for medical bills, lost wages, and other damages.
Phone records, witness testimony, and video evidence can all play a role in establishing fault. In some cases, an insurance claim may be denied or underpaid based on allegations of distracted driving, further complicating the aftermath of a crash.
Can You Be Pulled Over Just for Texting in Texas?
Yes. In Texas, texting while driving is a primary offense, which means law enforcement officers can pull a driver over solely for that reason. Officers do not need another reason, like speeding or running a red light, to initiate the stop.
This differs from secondary offenses, which require a primary violation before an officer can cite a driver. The primary designation gives the texting ban more weight and reflects the state’s concern over distracted driving dangers.
What Drivers Need to Know
Whether you’re in Houston, Dallas, or a rural town in West Texas, the message is clear: put the phone down while driving. Not only can using your cell phone behind the wheel lead to fines and potential criminal charges, but it also increases your risk of causing a serious accident.
Staying informed on Texas cell phone laws helps you stay safe—and helps protect others on the road. If you’ve been affected by a distracted driver, knowing your rights and legal options is the first step toward justice.
Know the Law, Protect Your Future
Texas’s cell phone laws are designed to reduce the risk of distracted driving accidents and save lives. Staying informed isn’t just a matter of avoiding tickets—it’s about protecting yourself, your passengers, and everyone else on the road.If you’ve been injured by a distracted driver or are unsure how these laws might impact your case, you don’t have to navigate it alone. At Daly & Black, we take pride in helping Texans understand their rights and hold negligent drivers accountable. We’re here to answer your questions and provide guidance when it matters most.