Penalties for Texting While Driving in Texas

• September 15
• EVANS / DESHAZO / REILLEY
• Car Accidents

Distracted Driving Is Dangerous – and Illegal in Texas

Texting while driving may seem like a minor lapse in judgment, but it’s one of the most dangerous things a driver can do behind the wheel.

Since then, the state has taken steps to reinforce the seriousness of this law through fines and public education.

Victims of car accidents can hold negligent drivers accountable, including those whose distractions, like texting, resulted in serious injuries, with the help of an experienced car accident attorney. Below is a discussion of Texas law regarding texting while driving, the penalties, and its impact on drivers throughout the state.

What Is the Law on Texting While Driving in Texas?

Texas Transportation Code § 545.4251 prohibits drivers from using a wireless communication device to read, write, or send a text message while operating a motor vehicle—unless they are stopped.

This law applies to all drivers statewide, regardless of age or experience level. Importantly, it only addresses texting or similar messaging functions. Other uses—including GPS or hands-free phone calls—are still permitted under the statewide law, although some Texas cities have stricter local ordinances that go beyond state restrictions.

Penalties While Driving in Texas

Drivers caught texting behind the wheel can face penalties under the Texas statute. Those convicted of a first offence can be fined up to $99.00, with fines for subsequent offenses reaching $200.

However, if texting while driving causes a serious crash or results in injury or death, the penalties can become much more severe. In those cases, the offense may rise to a Class A misdemeanor, punishable by a fine of up to $4,000 and up to one year in jail

It’s also worth noting that any texting-while-driving offense can appear on your driving record and potentially lead to higher auto insurance premiums or points assessed against your license, and you may be the target of a personal injury lawsuit. The impact can be considerable.

An Overview of City Ordinances That May Be Stricter

While the statewide law sets a minimum standard, more than 90 cities in Texas have passed their own ordinances restricting cell phone use while driving. In some cities, simply holding your phone while driving can lead to a ticket, even if you weren’t actively texting.

For example:

• Austin enforces a full ban on handheld phone use while driving, including making calls and browsing.
• San Antonio bans all use of handheld devices while driving, including texting, calling, viewing photos, gaming, and other distracting activities.
• Arlington allows a driver to hold a phone only to place or end a call or browse contacts—other uses are prohibited.
• Denton recently banned handheld device use while driving altogether (with limited exceptions for GPS use or ending a call). Violations may result in fines up to $500.

In some areas, these local ordinances are easier for law enforcement to apply because officers don’t have to confirm that a driver was specifically texting—they just need to see that a driver is holding a phone.

Why Is Texting While Driving So Dangerous?

According to the Texas Department of Transportation, over 100,000 crashes in Texas each year involve some form of distracted driving. Of those, thousands are attributed to phone use, including texting.

When a driver sends or reads a text message, their eyes are off the road for an average of five seconds. At 55 mph, that’s the equivalent of driving the length of a football field—completely blind. Think about that for a moment.

Even more concerning is the cognitive distraction that texting causes. It’s not just a matter of taking your eyes off the road; it also takes your attention and mental focus away from driving, which delays reaction time and increases the risk of accidents.

Some drivers, especially younger ones, may believe they can “multitask” or that they’re skilled enough to text without incident. But research and crash statistics show otherwise—no one is immune to the risks of distracted driving.

Hands-Free Isn’t Always Risk-Free

Many automakers and app developers now offer hands-free solutions—such as Bluetooth-enabled calls or speech-to-text messaging—to help reduce distractions. While these tools are certainly safer than physically handling a phone, they don’t entirely eliminate the problem.

Distraction still occurs when a driver is focused on a conversation or composing a message using voice commands. That’s why safety advocates urge drivers to treat any non-essential phone use—hands-free or not—with caution.

In fact, some cities, including Austin and San Antonio, have recognized the limits of hands-free solutions and have gone further than the state by banning handheld use altogether.

Can You Still Use a Phone While Driving in Texas?

While using a phone while driving is dangerous, in some situations it is still permitted in Texas. Under the statewide law, you may:

• Use your phone for GPS navigation
• Talk on the phone using hands-free or voice-activated technology
• Use your phone when your vehicle is stopped (e.g., at a red light or parked)
• Use your phone to report an emergency, such as a crash or criminal activity

However, if you’re driving through a city with stricter local rules, you may be prohibited from doing even these things while driving unless you use a dash-mounted device or voice controls. It is important to be aware of the local laws when traveling through cities throughout the state.

Have You Been Injured by a Distracted Driver?

You May Be Entitled to Compensation

If you or a loved one was hit by a driver who was texting behind the wheel, you may be entitled to compensation for your injuries. At Evans / Deshazo / Reilley, we represent individuals who have been harmed by careless or reckless drivers, including those whose distractions led to catastrophic outcomes. Bear in mind, the statute of limitations for filing a personal injury lawsuit from a car accident in Texas is two years from the date of injury, so do not hesitate to engage legal representation.

Distracted driving cases require thorough investigation, including phone records, witness testimony, and accident reconstruction. We are prepared to build a strong case on your behalf and fight to maximize your compensation.

Evans / Deshazo / Reilley – Holding Distracted Drivers Accountable

Texting while driving is a reckless decision that endangers everyone on the road. At Evans / Deshazo / Reilley, we are committed to protecting the rights of accident victims and raising awareness about the dangers of distracted driving.

Led by attorney Chip Evans, who has been negotiating and litigating car accident cases for more than two decades, our team will review your case, explain your options, and pursue the compensation you need to recover and move forward. We know how settlements are determined and make sure to identify, calculate, and quantify all of your losses.

Contact Evans / Deshazo / Reilley at (512) 732-2727 to schedule a free consultation. We are ready to go to work for you immediately.