Distracted Driving Laws in Texas
TxDOT attributes 86,384 crashes on Texas roads in 2025 to distracted driving, with 299 people killed and more than 2,437 seriously injured. Whether you are trying to work out which phone rule applies to your drive or trying to prove that another driver broke one before hitting you, Texas gives you several separate statutes rather than one distracted driving law. Every restriction below carries its own conduct standard, its own penalty, and its own weight within an injury case.
Quick-Reference Table of Texas Laws Relevant to Distracted Driving
| Law | What it requires | How it comes into an injury case |
| Transp. Code § 545.4251 | No reading, writing, or sending an electronic message on a portable wireless device unless the vehicle is stopped | The primary negligence per se statute in a phone-related crash |
| Transp. Code § 545.425 | Stopped or hands-free inside a school crossing zone; no device on a bus carrying a minor passenger unless stopped | Raises the standard for school zone crashes and bus cases |
| Transp. Code § 545.4252 | Same restriction on public school property while a reduced speed limit is in effect | Reaches crashes on campus property beyond the crossing zone itself |
| Transp. Code § 545.424 | No wireless device at all, handheld or hands-free, for drivers younger than 18 | A teen driver violates the section even on a Bluetooth call |
| Transp. Code § 545.401 | No driving in wilful or wanton disregard for the safety of persons or property | Charged alongside a phone violation where the conduct was sustained |
| Transp. Code § 542.401 | Fine of $1 to $200 for a Rules of the Road misdemeanor carrying no penalty of its own | Sets the fine for § 545.425 and § 545.4252 violations |
| Penal Code § 19.05 | Causing a death by criminal negligence is a state jail felony | The charge a fatal distracted driving crash can reach |
| 49 C.F.R. § 392.80 | No texting by a commercial motor vehicle driver, and no carrier allowing or requiring it | Opens carrier liability alongside driver liability |
| 49 C.F.R. § 392.82 | No hand-held mobile telephone use by a commercial motor vehicle driver | Reaches handheld calls that Texas law permits for everyone else |
| Austin Ordinance No. 20140828-041 | No hand-held portable electronic device while driving or cycling in Austin | A violation inside Austin city limits that state law would not supply |
| CPRC § 33.001 | No recovery where the injured party is more than 50 percent responsible | The defense argument aimed back at the injured driver |
| CPRC § 33.012(a) | Damages reduced by the injured party’s assigned percentage of responsibility | Sets what a partial fault finding costs |
| CPRC §§ 41.001(11), 41.003 | Exemplary damages require clear and convincing proof of gross negligence | The basis for damages past compensation in a phone case |
| CPRC § 16.003 | Suit brought within two years of the crash, or two years of the death | The deadline for a distracted driving case |
| CPRC §§ 71.002, 71.021 | Wrongful death and survival actions after a fatal crash | Determines who brings the case when a distracted driver caused a death |
Device Laws That Apply to Every Texas Driver
Texting Ban (§ 545.4251)
Transportation Code § 545.4251 makes it an offense to use a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped. House Bill 62 added the section effective September 1, 2017.
Section 545.4251(a) defines electronic message as data read from or entered into a wireless communication device for the purpose of communicating with another person, so coverage depends on what you did with the device rather than which app was open. Section 545.4251(b) requires the conduct to occur in the presence or view of a peace officer, or to be established by other evidence.
Six Uses the Statute Excuses (§ 545.4251(c))
Section 545.4251(c) names six uses that beat the charge. If a distracted driver hit you, expect his side to claim one of them. Phone records and app data can show whether the claim is valid.
- Using the device with a hands-free setup as defined in § 545.425
- Using a global positioning system or navigation system to navigate
- Reporting illegal activity, calling for emergency help, or entering traffic and road condition information into an app that supplies that information to other users
- Reading a message the driver reasonably believed concerned an emergency
- Relaying work information between the driver and a dispatcher, or a digital network or app-based service, through a device attached to the vehicle either permanently or temporarily
- Turning on music
Two groups are exempt from the texting ban entirely under § 545.4251(d): an operator of an authorized emergency or law enforcement vehicle acting in an official capacity, and an operator licensed by the Federal Communications Commission operating a radio frequency device other than a portable wireless communication device.
Texting Penalties (§ 545.4251(e), (f))
| Situation | Penalty |
| First conviction | Misdemeanor, fine of $25 to $99 |
| Second or later conviction | Misdemeanor, fine of $100 to $200 |
| Driver caused death or serious bodily injury | Class A misdemeanor, fine up to $4,000 and confinement in jail up to one year |
Phone Inspection Limit (§ 545.4251(i))
A peace officer who stops you for an alleged texting violation cannot take possession of or inspect the phone unless the Code of Criminal Procedure, the Penal Code, or another law gives them the authority to do so.
No Statewide Hands-Free Requirement
Holding a phone for a conversation does not violate § 545.4251, because that section reaches electronic messaging. An adult driver on an ordinary Texas road who holds a phone and talks falls outside the state device statutes, unless a city ordinance covers the conduct. TxDOT states that research shows the distraction will affect driving whether the driver uses a voice-to-text program, a hands-free device, or a handheld one.
Device Laws That Apply Only to Certain Drivers or Locations
School Crossing Zones (§ 545.425)
No wireless communication device use while driving inside a school crossing zone unless the vehicle is stopped or the device is used hands-free, which the statute defines to cover voice-operated technology and a push-to-talk function.
A local authority enforcing the section has to post a sign at each entrance to the zone, and a driver cited where no sign was posted has a defense, unless the city runs a citywide device ban and posts signs at highway entry points instead. Emergency calls to a listed recipient are also a defense.
School Property (§ 545.4252)
A driver on the property of a public elementary, middle, junior high, or high school for which a local authority has designated a school crossing zone cannot use a wireless communication device during the time a reduced speed limit is in effect for that zone, unless the vehicle is stopped or the device is used with a hands-free device. An emergency call to a listed recipient is an affirmative defense here as well.
Buses Carrying Minor Passengers (§ 545.425(c))
No wireless communication device use while operating a school bus or passenger bus with a minor passenger on the bus unless the bus is stopped, and no hands-free exception appears in the subsection. Section 545.425(e-1) allows a bus operator to use a device in the performance of driving duties in a manner similar to using a two-way radio.
Drivers Under 18 (§ 545.424)
A driver younger than 18 may not operate a motor vehicle while using a wireless communication device, except in case of emergency. The section covers handheld and hands-free devices alike, so a Bluetooth call does not satisfy it. A driver younger than 17 holding a restricted motorcycle license faces the same restriction on a motorcycle.
A peace officer cannot stop a vehicle or detain a driver for the sole purpose of determining whether the section was violated, which means the stop needs a separate basis.
Commercial Drivers (49 C.F.R. §§ 392.80, 392.82)
- Section 392.80 prohibits a driver from texting while driving a commercial motor vehicle, and prohibits a motor carrier from allowing or requiring it
- Section 392.82 prohibits using a hand-held mobile telephone while driving a commercial motor vehicle, and places the same restriction on the carrier
- Both define driving to cover a vehicle temporarily stationary because of traffic, a traffic control device, or another momentary delay
- Neither applies once the driver has moved the vehicle to the side of or off a highway and halted where it can safely remain stationary
- Both allow the use when necessary to communicate with law enforcement officials or other emergency services
A company that allowed the texting, or required the driver to answer the phone, broke the rule itself, which provides a second party to hold responsible.
City Ordinances and State Law
City Authority Over Phone Use (§ 545.4251(j), § 545.425(f))
Texas blocks cities from writing their own texting rules, so a city ordinance cannot change what § 545.4251 says about electronic messages. State law says nothing about handheld calls, though, which leaves a city free to ban those.
The statute assumes cities will do exactly that. Section 545.425 assigns a city with an area-wide device ban the duty of posting signs where state and federal highways cross into it.
Austin Hands-Free Ordinance (No. 20140828-041)
Austin adopted their hands-free ordinance in August 2014, effective January 1, 2015, and the City of Austin describes the result as a prohibition on using portable electronic devices while operating a motor vehicle or a bicycle. Per the city:
- Bluetooth, headphones, and a GPS system are permitted
- Devices may be used while at a complete stop
- Handheld use is permitted for an emergency call to 911 or 311 to report a crime or a crash
- Portable electronic device covers a hand-held mobile telephone, personal digital assistant, MP3 or other hand-held music player, electronic reading device, laptop computer, pager, broadband personal communication device, GPS or navigation system, electronic gaming device, or portable computing device
Austin has two earlier ordinances, Nos. 20091022-028 and 20091217-090, that prohibit a driver from using a phone, tablet, or other device to view, send, or compose an electronic message while the vehicle is moving. The 2014 ordinance also applies to bicycles, whereas state law does not.
Charges a Phone Violation Can Trigger (§ 545.4251(g))
The texting ban says a driver who violates it can also be charged under any other law the same conduct breaks. Three charges follow serious distracted driving crashes:
- Criminally negligent homicide (Penal Code § 19.05), a state jail felony, where the car accident killed someone
- Manslaughter (Penal Code § 19.04), a second degree felony, where the driver recklessly caused the death
- Reckless driving (§ 545.401), for driving in wilful or wanton disregard for the safety of persons or property, punishable by a fine, county jail time, or both
Manslaughter requires recklessness, meaning the driver consciously disregarded a known risk, which is a higher standard than the criminal negligence § 19.05 covers. A fatal distracted driving crash usually produces the § 19.05 charge for that reason.
None of the three decides your injury case, and all run separately from it. The value to you is what the charge signals about the driver’s conduct and the evidence the investigation produces.
Other Laws That May Be Applied in a Distracted Driving Case
Negligence Per Se (Perry v. S.N.)
The Texas Supreme Court described negligence per se in Carter v. William Sommerville & Son, Inc. as a legislatively imposed standard of conduct adopted as defining what a reasonably prudent person would have done, so the jury decides whether the driver committed the prohibited act and whether the act proximately caused the injury.
Perry v. S.N. set the threshold questions: whether the injured party belongs to the class the statute was intended to protect, and whether the injury is the type the statute was designed to prevent. The judge then decides whether the statute supplies an appropriate basis for civil liability. Loewy Law Firm pleads the statutory violation alongside ordinary negligence so a case does not rest on one theory alone.
Shared Fault (§ 33.001, § 33.012(a))
Section 33.001 bars recovery where the injured party’s percentage of responsibility is greater than 50 percent. Section 33.012(a) reduces the damages awarded by whatever percentage falls below that line, which is why a defense attorney answering a distracted driving case looks for reasons to assign responsibility back to the injured driver.
Exemplary Damages (§ 41.001(11), § 41.003)
Exemplary damages require clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence (§ 41.003(a)). Gross negligence carries a two-part definition in § 41.001(11): conduct that, viewed objectively, creates an extreme degree of risk considering the probability and magnitude of the potential harm, and conduct the driver had actual subjective awareness of while proceeding with conscious indifference to the rights, safety, or welfare of others. Evidence of ordinary negligence cannot satisfy the burden (§ 41.003(b)), which is why a phone timeline gets built minute by minute rather than summarized.
Deadlines (§ 16.003)
- Two years from the day the cause of action accrues, usually the crash date, for an injury suit
- Two years from the death where the crash was fatal, and the cause of action accrues on the death
Fatal Crashes (§§ 71.004, 71.021)
- A wrongful death action belongs to the surviving spouse, children, and parents of the deceased
- A survival action carries the deceased driver’s own injury case to the heirs, representatives, and estate
Evidence That Proves Distraction
- Carrier records obtained by subpoena, which match call and message timestamps against the time of impact
- App activity and screen-time logs pulled from the phone itself
- Event data recorder downloads capturing speed, braking, and steering inputs in the seconds before impact
- Infotainment system downloads showing device pairing and screen interaction
- Dashcam video, traffic camera footage, and video from businesses facing the roadway
- Statements from passengers, other drivers, and witnesses at the scene
- The CR-3 crash report and any contributing factor the responding officer recorded
Carriers hold message content for limited periods, and vehicle data can be overwritten or lost once a vehicle is repaired or salvaged. Loewy Law Firm sends preservation letters to carriers, vehicle owners, and salvage yards at the outset of a case for that reason.
In cases Loewy Law Firm has worked, distraction usually reaches the contributing factor field on the CR-3 report only where the driver admitted it at the scene or a witness reported seeing the phone, so the reported crash figures and the actual figures are unlikely to match.
Frequently Asked Questions About Texas Distracted Driving Laws
Is Texas a hands-free state?
Not statewide. Section 545.4251 prohibits reading, writing, or sending an electronic message while driving, § 545.425 requires hands-free use in school crossing zones, and § 545.424 bars all device use for drivers younger than 18. An adult driver holding a phone for a call on an ordinary road does not violate state law, though a city ordinance may prohibit it.
Is eating while driving illegal in Texas?
No, and neither is grooming, reaching into the back seat, or adjusting the radio. A driver who caused a crash while doing any of them, however, can still be held responsible if that carelessness caused the crash.
Can you text at a red light in Texas?
Section 545.4251(b) applies unless the vehicle is stopped, and the statute does not define stopped. Inside Austin, the City of Austin states that drivers may use their devices while at a complete stop. Other cities may treat a stopped vehicle differently, so the local ordinance governs inside its limits.
Is texting while driving a primary offense in Texas?
Section 545.4251 contains no provision restricting an officer from stopping a driver for that offense alone. Section 545.424(e) does contain one, and it prohibits a stop made solely to determine whether a driver younger than 18 violated the under-18 device rule.
What is the fine for texting and driving in Texas?
A fine of $25 to $99 for a first conviction, and $100 to $200 where a prior conviction is shown (§ 545.4251(e)). A texting violation that caused death or serious bodily injury becomes a Class A misdemeanor with a fine up to $4,000 (§ 545.4251(f)).
Can you go to jail for texting and driving in Texas?
Jail time attaches where the driver caused the death or serious bodily injury of another person, which makes the offense a Class A misdemeanor punishable by confinement up to one year (§ 545.4251(f)). A fatal crash can also reach criminally negligent homicide, a state jail felony (Penal Code § 19.05).
Does Texas law allow GPS use while driving?
Section 545.4251(c)(2) gives a driver an affirmative defense for using a portable wireless device to navigate with a global positioning system or navigation system. School crossing zones follow a different rule, because § 545.425(b) restricts device use inside the zone unless the vehicle is stopped or the device is hands-free.
What are the phone rules for Texas drivers under 18?
No wireless communication device at all while driving, except in case of emergency (§ 545.424(a)). Section 545.424(f) reaches handheld and hands-free devices alike, so a Bluetooth call does not satisfy the section.
Is Austin a hands-free city?
Yes. The City of Austin states Austin has been a hands-free city since 2015 under Ordinance No. 20140828-041, which prohibits using portable electronic devices while operating a motor vehicle or a bicycle.
Does a texting citation help a Texas car accident case?
A citation gives you a documented statutory violation to support a negligence per se argument, though no citation is required. Prosecution under § 545.4251(b) requires the conduct to occur in an officer’s presence or view or to be established by other evidence, and a civil case carries no comparable condition.
How long do you have to bring a distracted driving case in Texas?
Two years from the day the cause of action accrues, or two years from the death where the crash was fatal (§ 16.003).
Talk With an Austin Distracted Driving Accident Attorney
The distracted driving attorneys of Loewy Law Firm represent those injured by distracted drivers in Austin and throughout Texas. If you have questions about the laws above as part of a possible personal injury case, call Loewy Law Firm at (512) 280-0800 for a free consultation.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.