Texting-while-driving ban advances again
Texas House tentatively approves measure that would outlaw practice
AUSTIN — The Texas House, after a long and vocal debate that included references ranging from Superman to common sense, on Wednesday tentatively approved a statewide ban on texting while driving.
The 113-32 vote marked the fourth time that state Rep. Tom Craddick, RMidland, has tried to pass the measure that he said was long overdue to stop distracted driving that has been blamed in numerous fatal vehicle crashes.
While several communities ban texting while driving, Texas is one of only four states that do not prohibit the practice statewide. More than 95 Texas cities already have a texting ban in effect.
House Bill 62 would make using a cell phone while driving illegal unless the driver is using a handsfree device to talk.
Texting is specifically outlawed as a misdemeanor crime punishable by a fine of between $22 and $99, or up to $200 for repeat violations.
The state already bans drivers from using cell phones in school zones, prohibits drivers under age 18 from using phones and bars school bus drivers from using their phones if children are on board.
Craddick said families across Texas have had loved ones killed or injured by drivers who were distracted while using cell phones “because of no texting while driving (ban).”
Final passage expected
According to National Highway Traffic Safety Admnistration statistics, an average of eight people each day are killed in vehicle crashes involving distracted drivers.
Rep. Eric Johnson, D-Dallas, successfully amended the bill to prohibit police from arresting drivers for illegal cell phone use.
Only tickets could be issued, he said.
Following the vote, House Speaker Joe Straus tweeted congratulations to Craddick for passing the “common-sense ban.” Final passage is expected Thursday.
Though support in the House was strong, some lawmakers questioned how the ban could be enforced, since police would not be able to determine with certainty whether a driver was texting.
“I find it absolutely incredulous, except for Superman, who can tell what you are doing on your phone,” said Rep. Harold Dutton, D-Houston. “I think this bill falls short of where this Legislature can get to in terms of texting while driving.”
Similar to seat belt law
Various amendments that would have prohibited police from ticketing drivers from texting while going under 10 mph and to have the law apply only to highways and not local roads, among other things, were tabled.
Rep. Gene Wu, a Houston Democrat and cosponsor of the bill, said that enforcement would be much like getting cited for other moving offenses.
“If an officer sees you without a seat belt on, as a sworn officer, he will testify to that in court and then a jury is left to decide,” Wu said, insisting that the texting ban will work the same way.
Motivated by the tragic death of a high-school senior named Alex Brown, who was killed by a distracted driver while on her way to school, Craddick first tried to pass the legislation in 2011.
It passed the House and Senate but was killed by then-Gov. Rick Perry, who called it an unneeded “government effort to micromanage the behavior of adults.”
In 2013 and 2015, the measure passed the House but died in the Senate, according to supporters. This year, Sen. Judith Zaffirini, D-Laredo, has an identical bill awaiting a vote by the full Senate after being approved by a committee.
The Texas Coalition for Affordable Insurance Solutions, one of several insurance groups that have supported the bill, applauded the House vote.
“We hope that 2017 will finally be the session that the Texas Legislature outlaws one form of distracted driving that has injured and killed too many Texans,” said Beaman Floyd, executive director of the organization.