On June 6, 2017, Texas became the 47th state to enact a
state-wide ban on texting while driving. The new law (HR 62)
prohibits drivers from reading, writing or sending electronic
messages unless the vehicle is stopped. It does not, however,
prohibit dialing a number to call someone, setting a GPS device,
listening to music programs or even surfing on the Internet.
Under the new law, you cannot be arrested for the sole offense
of "texting while driving." In order to be prosecuted, HR
62 requires the violation to be committed "in the presence of
or within the view of a peace officer or established by other
evidence."1 A driver's first offense is
punishable by a fine between $25 and $99. Any subsequent offenses
will carry a fine between $100 and $200. Additionally, the
Department of Motor Vehicles is not authorized to assign points to
a driver's license for a "texting while driving
offense."
