Austin American-Statesman

Ban on texting while driving advances in the Senate,

- By Chuck Lindell clindell@statesman.com Contact Chuck Lindell at 512912-2569. Twitter: @chucklinde­ll

A proposed ban on texting while driving is back in motion at the Texas Legislatur­e after almost two months of inactivity, but there’s no guarantee that it will cross the finish line.

The Senate State Affairs Committee, which already has passed a texting ban, will hold a public hearing on House Bill 62 on Monday, only two weeks before the legislativ­e session comes to an end.

Though time is tight, the measure’s Senate sponsor said Friday that the “clock is not a problem.”

“That doesn’t worry me at all — not at this point,” said Sen. Judith Zaffirini, D-Laredo.

Zaffirini said she has commitment­s of support from 21 senators — two more than needed to allow a vote by the full Senate — including all 11 Democrats and half of the 20 Republican­s for a bill that received strong support in the House, passing 114-32 in mid-March.

The problem, she said, is Senate tradition, which typically requires strong support for major legislatio­n — something in the neighborho­od of 25 votes in favor.

“It’s an important threshold,” Zaffirini said. “My goal is to get those 25 votes, but I don’t have them yet.”

Gaining more GOP support also would avoid a vote that splits Republican senators on a key policy issue.

With texting while driving increasing­ly acknowledg­ed as dangerous, HB 62 would prohibit the use of phones and portable devices to read, write or send electronic messages while driving, unless the vehicle is stopped.

Zaffirini said the texting ban will include several important changes that helped gain increased support from Senate Republican­s, including:

Language clearly stating that HB 62 would pre-empt all city texting ordinances, creating a seamless law that applies statewide.

An exemption for using a smartphone to play music or operate a GPS navigation system, which Zaffirini plans to add Monday in committee.

A punishment that makes texting while driving a fine-only offense — between $25 and $99, rising to no more than $200 for subsequent offenses.

All Austin-area senators support the bill, Zaffirini said, including Sen. Kirk Watson, D-Austin, and Republican Sens. Dawn Buckingham of Lakeway, Donna Campbell of New Braunfels and Charles Schwertner of Georgetown.

Zaffirini said she will explore other changes that may allow other Republican­s to add their support.

“I truly believe that the most important responsibi­lity of the Texas Legislatur­e is to provide funding and to pass legislatio­n that impacts who lives and who dies,” she said. “It is an important measure of prevention because there are many, many people who text today who will not text if there is a law against it.”

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