Most states, including Texas, have laws to limit cellphone use while driving. In this blog post, you’ll find Texas laws on distracted driving, what’s allowed, penalties, and efforts to reduce car accidents in Houston.
Texas Distracted Driving Laws
Texas law bans texting while driving under Section 545.4251 of the Transportation Code. Drivers cannot use a cellphone to read, write, or send messages while moving, with some exceptions. This law is a primary offense, so police can stop drivers just for texting.
An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped. To be prosecuted, the behavior must be committed in the presence of or within the view of a peace officer or established by other evidence.
When Can You Use a Cellphone While Driving?
Texas allows cellphone use in these cases:
- Hands-free use
- For navigation
- To report a crime
- To call for help
- To check traffic or road conditions
- To respond to an emergency
- To play music
Even when using a cellphone is allowed, it can still distract you by taking your focus away from the road, where every second counts and can mean the difference between life and death.
Stricter Rules for Minors and School Zones
Drivers under 18 face stricter cellphone rules—they may only use a phone in an emergency while driving. In school crossing zones or on school property with reduced speed limits, all drivers must avoid using a cellphone unless the vehicle is stopped, the phone is hands-free, or there’s an emergency.
Drivers under 18 face stricter cellphone rules—they may only use a phone in an emergency while driving.
Additionally, bus drivers carrying minors cannot use a cellphone unless it’s an emergency or the bus is stopped.
Penalties for Texting and Driving
First offenses cost up to $99 in fines; second offenses can cost up to $200. If texting causes serious injury or death, penalties increase to $4,000 fines and up to a year in jail. Drivers may also face civil lawsuits for injuries or wrongful death.
Other Driving Distractions Are Also Risky
Cellphone use is a big distraction, but many other common actions can also take a driver’s attention away from the road. Even a few seconds of inattention can cause a driver to miss important details that need quick reactions. Some other risky distractions include:
- Eating or drinking
- Adjusting the radio or climate controls
- Feeling drowsy or tired
- Personal grooming like applying makeup
- Talking to passengers
- Looking at things outside the vehicle
All these distractions increase the chance of accidents, making it important to stay focused while driving.
Many Texans Thinks Current Laws Aren’t Enough
Even with Texas banning texting while driving and the Texas Department of Transportation (TxDOT) running awareness campaigns, distracted driving remains a major issue. In 2024, nearly 20% of crashes in Texas involved distracted drivers, leading to 373 deaths and 2,587 serious injuries.
A recent bill, called Allie’s Way after 2-year-old Allie White who was tragically killed by a distracted driver in 2019, aimed to ban all handheld cellphone use while driving—except when the vehicle is stopped outside a lane of travel, the phone is hands-free, or during emergencies.
Senate Bill 47 was introduced in November 2024 but failed to pass committee and was declared dead in June 2025. Similar proposals may return in future sessions.
Nearly 20% of crashes in Texas involve distracted drivers, causing hundreds of deaths and thousands of serious injuries each year.
Distracted Driving Is a Major Problem in Houston
Harris County had almost 10,000 distracted driving crashes in 2024, causing 29 deaths and 246 serious injuries. The Houston Fire Department responds to 30,000 vehicle crashes yearly, with 20% caused by distracted driving, mainly phone use.
Live Your DREAMS Program Helps Houston Teens Drive Safely
Teen drivers are three times more likely to have a fatal crash than adults. Texting or reading while driving doubles their risk of a deadly accident.
To fight this, the Trauma Institute at Memorial Hermann-Texas Medical Center launched the Live Your DREAMS program in 2014. This program works with schools and the community to teach teens about the dangers of distracted driving and offers tips to stay focused behind the wheel.
A Small Distraction Can Have Big Consequences
Driving seems easy but is very risky. Just seconds of distraction can cause a life-changing crash. We urge drivers to follow the ABCs of safe driving:
- Avoid distractions
- Be well rested
- Continually monitor traffic
Sticking to these simple steps can protect your life and the lives of others.