﻿ As of September 1st, 2017, texting and driving is illegal in Texas!

Governor Greg Abbott announced on June 6th that he’s signed House Bill 62 into law, making Texas the 47th state to officially ban the dangerous practice of texting while driving. At least 45 cities have also enacted hands-free ordinances.

Beginning on Friday September 1st, texting while driving within the state of Texas will be punishable by a fine of $25-99 for first-time offenders, and $100-200 for repeat offenders (though no points will be assigned). The new law also states that if an accident caused by texting and driving results in the death or serious bodily injury of another person, they can be charged with a Class A misdemeanor punishable by a fine not to exceed $4,000 and confinement in jail for a term not to exceed one year (in addition to any other charges/punishments).

It’s important to note that this new law only addresses “reading, writing, or sending electronic messages” via a “wireless communication device.” It is still legal for motorists in most cities to use their phone for GPS navigation, music apps, dialing phone numbers, etc., but drivers may still get pulled over if an officer suspects them of texting.

While the law includes a provision to preempt local texting-and-driving ordinances which already existed in over 100 cities, it does not address stricter cell phone bans (i.e., hands-free laws) put in place by at least 45 other Texas cities such as Austin, San Antonio, Denton, and El Paso (see full list).

Following the passage of this new law, Gov. Abbott had asked lawmakers to meet in a special session in order to enact broader legislation which would roll back any city ordinances that ban mobile phone use beyond texting while driving. Ultimately, no vote was cast before the special session concluded, meaning cities are still free to pass (and enforce) hands-free laws within their city limits.

Additionally, Texas forbids drivers from using hand-held communication devices (phones) in school zones, and Texas law states that school bus drivers and all drivers under 18 must refrain from texting or making telephone calls while driving—even with a hands-free device (see more).

Why did it take Texas so long to ban texting and driving?

Well, Texas has actually tried to pass a ban on texting while driving at least four times now, but it was only signed into law on its most-recent attempt.

Back in 2011, the Texas Legislature was successful in passing a statewide ban. Unfortunately (and despite overwhelming public support), it was vetoed by Gov. Rick Perry.

Again in 2013, a similar bill was passed with wide bipartisan support, but it died after the Senate Transportation Committee refused to allow a vote on the bill.

In 2015, another bill aimed at banning texting and driving (House Bill 80) was introduced. The bill (which was approved by the Texas House panel) would have prohibited the use of portable wireless technology while operating a motor vehicle within the state, but was ultimately defeated in the Senate before becoming law.

In May of 2017, however, another bill aimed at banning texting and driving statewide (HB 62) did pass the Senate and was signed into law by Governor Abbott.

Do we really need a law to stop drivers from texting and driving?

In 2014 alone, 3,179 people in the U.S. were killed in crashes involving distracted drivers, and an additional 431,000 were injured. In 2016, there were 109,658 traffic crashes in Texas alone that involved distracted driving, leading to over 3,000 serious injuries and at least 455 fatalities. The sobering truth is that texting while driving makes a car accident 23 times more likely to occur.

While we can debate the effectiveness and enforceability of these distracted driving laws, these same arguments can be (and were) made with regard to seat belt laws emerging in the 1960s. Just because something is difficult to enforce, that doesn’t mean we should ignore the issue.

We all know that using a cell phone while driving is incredibly dangerous, and as such, at least 45 Texas cities have gone above and beyond by enacting more-strict hands-free ordinances within their jurisdictions. These cities include: Alice, Amarillo, Anthony, Aransas Pass, Argyle, Austin, Bedford, Bee Cave, Boerne, Buda, Corpus Christi, Deer Park, Denton, El Paso, Floresville, Garden Ridge, Hill Country Village, Hurst, Kingsville, Kyle, Lake Dallas, Lake Tanglewood, Lakeway, Laredo, Liberty Hill, Little Elm, Midlothian, Mont Belvieu, New Braunfels, Port Aransas, Rollingwood, San Antonio, San Juan, San Marcos, Schertz, Sinton, Socorro, Sunset Valley, University City, Watauga, West Lake Hills, Wichita Falls, and Wimberley.

Texas cities which ban handheld phone use while driving.

Alice City Council passed a Hands-free ordinance (Ord. No. 1972) which was enacted in April 2014.

The law bans the hand-held use of electronic communication devices while operating a vehicle, although hands-free devices are allowed. Drivers of government vehicles can use a cell phone “in their official capacity,” and drivers can still use mobile devices for GPS purposes or to make an emergency call.

Offending drivers could face a penalty of up to $200.

The city adopted a hands-free ordinance in September 2012 which was enacted on January 3rd, 2013.

The law prohibits the use of handheld cell phones while driving (even while stopped in traffic) within the Amarillo city limits. Hands-free devices are allowed. Drivers of government vehicles can use a cell phone when “acting in official capacity with an immediate need to give or receive necessary official information,” and drivers can still use mobile devices for making an emergency call.

Violators could face a fine of up to $200 plus court costs. The offense is not considered a moving violation and may not be made a part of a person’s driving record or insurance record.

In 2015, the city of Anthony, Texas adopted a hands-free ordinance (2015-502) prohibiting the use of a hand-held mobile communication device to engage in a call, send/read/write a text message, or engage in any other use of the device while operating a motor vehicle within the limits of Anthony. Calls using hands-free devices are permitted, as are GPS units affixed to the vehicle.

Drivers can be fined up to $200 for violating this ordinance.

 Aransas Pass, Texas

City Council approved the hands-free ordinance (Ord. No. 4058) in December 2013.

Ordinance prohibits the use of any wireless communication device by operators of motor vehicles within the city limits. The use of wireless communication devices that are affixed to the vehicle (and/or used as a global positioning or navigation system) is permissible. The use of a hands-free device is also allowed.

The ordinance does not apply while driving on private property. Drivers of authorized emergency vehicles can use a cell phone while “acting in an official capacity.”

A violation is a Class C misdemeanor punishable by a fine of up to $500.

A hands-free ordnance was adopted in November 2015, and full enforcement begins May 1st, 2016.

The ordinance bans the sue of any hand-held electronic devices while driving (including texting, making calls, viewing websites, GPS, gaming, or even holding the device in your hand). Hands-free devices using Bluetooth and/or headsets will still be permissible.

Offending drivers could face citations up to $200.

In addition to Austin’s texting-while-driving ban passed in 2009, a city-wide hands-free ordinance was passed in August 2014 and went into effect on January 1st, 2015.

As defined in ordinance No. 20140828-041 (hands-free ordinance), it is unlawful to use portable electronic devices while operating a motor vehicle or bicycle within Austin city limits. Using a hands-free system such as Bluetooth, headphones, or an affixed GPS system is permissible. Unlike most other cities, Austin does permit drivers to use their devices while stopped at a red light.

Violations are classified as a class C misdemeanor, with a fine of up to $500.

Note: The Public Safety Commission recently recommended three different amendments to the city’s existing hands-free law. The amendments (if passed) would make it illegal for drivers to use their phone during a stop light, to wear headphones that cover the ear (with the exception of earbuds), or for passengers to use a phone to take photos while the car is in motion (including back seat passengers). We will update this page if/when these proposals are approved.

On November 18th, 2014, City Council voted unanimously to adopt a hands-free ordinance (Ord. No. 14-3109) that makes it a Class C misdemeanor to use handheld devices to read, write or send text messages or emails (or access the internet) while operating a vehicle. Affixed GPS devices and hands-free devices are still allowed.

Violating the ordinance carries a $200 fine.

 Bee Cave, Texas

Passed in April of 2015, Bee Cave began enforcing their hands-free ordinance (Ordinance No. 241) on July 1st, 2015.

The ordinance prohibits the use of hand-held mobile communication devices while operating a motor vehicle or bicycle within city limits. The ordinance does not apply to drivers and cyclists using hands-free technology (such as Bluetooth) and/or mounted devices.

If convicted, offenders shall be fined no more than $100 for a first offense. Additional convictions carry fines of up to $500.

Beginning January 1st 2016, the city of Boerne began enforcing a strict hands-free ordinance (Ord. No. 2015-41). Basically, an operator of a motor vehicle may not use a portable electronic device while the vehicle is in motion (or even stopped in the roadway). This includes phones, tablets, gaming devices, and even GPS units.

While not considered a moving a violation, a person convicted of this offense could receive a fine of $200.

Buda voted 6-0 in favor of a hands-free ordinance (Ord. No. 2015-08) in July of 2015, and began fully enforcing the new law in September of 2015.

The ordinance prohibits the use of hand-held mobile communication devices while operating a motor vehicle or bicycle within city limits. The ordinance does not apply to drivers and cyclists using hands-free technology (such as Bluetooth), the use of affixed GPS units, or to drivers in stopped vehicles.

A Class C misdemeanor, the crime is punishable by a fine of $500 or less.

 College Station, Texas

On August 11th, 2016, the College Station City Council voted 6-1 in favor of banning the use of nearly all hand-held cellphones and other wireless communication devices while driving within city limits. Police began enforcing this new ordinance on November 9th, 2016.

Hands-free devices will be permitted under the new rules (which also apply to cyclists), and drivers are still permitted to use affixed GPS units. Drivers are also permitted to use hand-held communication devices while at a complete stop. Fines for violating this ordinance will range from $25 to $200.

NOTE: On Monday, September 11th, 2017, the College Station City Council voted to repeal the city’s hands-free ordinance, citing the passage of the new statewide ban on texting and driving (even though the new state law changes nothing in regard to how College Station’s hands-free ordinance would be enforced). The city ordinance was officially repealed on Monday, September 25th, 2017.

 Corpus Christi, Texas

A hands-free city ordinance (Ord. No. 53-16) went into effect in October of 2015.

The law states that “an operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle within the city limits.” This does not apply to hands-free devices or affixed GPS devices, nor does it apply while the vehicle is parked (not simply stopped), while on private property.

Punishable by a fine of up to $500.

View Ordinance Sec. 53-16. Use of wireless communications while driving. Definitions “Hands-free device” means speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle, that allows use of the wireless communication device without use of either of the operator’s hands.

“Park or Parked” shall mean for the operator to completely cease movement of a motor vehicle in a lawful manner and location. For purposes of this Section, “Parked” does not include or mean a vehicle stopped in a lane of traffic due to either a lawful traffic control device, or the conditions on the roadway, or traffic congestion patterns then existing.

“Wireless communication device” means a device that uses a commercial mobile service, as defined by 47 U.S.C. § 332. An operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle within the city limits. This section does not apply to an operator of a motor vehicle using a wireless communications device: while the vehicle is parked;

that is affixed to the vehicle and used as a global positioning or navigation system;

that is used with a hands-free device;

who is an operator of an authorized emergency vehicle while acting in an official capacity;

who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device; or

while driving a motor vehicle on private property. It is an affirmative defense to prosecution of an offense under this section if a wireless communications device is used to make an emergency call to: an emergency response service, including a rescue, emergency medical, or hazardous material response service; a hospital; a fire department; a health clinic; a medical doctor’s office; an individual to administer first aid treatment; or a police department. A violation of this Section is a Class C misdemeanor punishable as provided in Section 1-6 of the Code of Ordinances. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation under this subsection is a strict liability offense. To the extent that this section conflicts with the Texas Transportation Code, this section does not apply.

 Deer Park, Texas

City Council unanimously approved a hands-free ordinance in July of 2015 which prevents the use of cell phones and other wireless devices while driving within city limits.

Hands-free devices, such as Bluetooth, are still allowed. The ordinance doesn’t apply to drivers who are legally parked, or on school property.

Violators are subject to a Class C misdemeanor, and a fine of up to $200.

On December 6th, 2016, Denton City Council voted 6-1 in favor of approving a hands-free ordinance (No. 2016-394), which states that “an operator of a vehicle may not use a wireless communication device for any purpose while operating a vehicle on any street or highway within the city of Denton.”

The ordinance—which goes into effect on June 1st, 2017—does have a few caveats. Hands-free use is still allowed, as is hands-on use of a GPS device. Drivers may still use their cell phones to obtain emergency services, to report an emergency, or to prevent a crime about to be committed. Drivers who are stopped and off of the roadway can use their phones, but not when stopped in traffic or at a red light.

Those ticketed for violating this ordinance will be charged with a Class C misdemeanor, with a fine not to exceed $200.

 El Paso, Texas

El Paso passed a hands-free city ordinance (017286) prohibiting the use of cellular phones while operating a vehicle. The ban took effect April 1st, 2010, and enforcement began in May of 2010.

Drivers may not use a hand-held wireless communication device unless stopped and off of the roadway. Drivers are allowed to make and receive calls if the device is integrated with (or attached to) the vehicle, and all wireless devices must be used solely in “voice-activated” or “hands-free” mode while driving.

Fines for operating a motor vehicle while using a cell phone in El Paso are $116 per offense.

As of November 2015, Floresville has adopted an ordinance (Ord. No. 2015-031) that bans the use of hand-held mobile communication devices while operating a moving motor vehicle. Similar to ordinances in other cities, the law allows for an “affirmative defense” for talking on a cell phone during emergency situations.

Violators can be fined up to $200.

 Garden Ridge, Texas

In September 2015, Garden Ridge city council passed an ordinance (Ordinance No. 184-092015) banning the hand-held use of a phone while driving. According to the language of the ordinance, “a person commits an offense if the person uses a hand-held mobile communication device to (1) engage in a call, (2) send, read, or write a text message, (3) view pictures or written text whether transmitted by internet or other electronic means, (4) engage in gaming, or (5) engage in any other use of the device while operating a motor vehicle.” Hands-free phone calls are still permissable, as is the use of an affixed GPS navagation unit.

A voilation is a class C misdemeanor (not a moving violation) with fines not to exceed $200.

 Hill Country Village, Texas

Hill Country Village has enacted a hands-free ordinance within city limits. According to the Hill Country Village municipal code (section 70-1), it is now illegal to use a hand-held communication device to engage in a call; send, read or write a text message; view pictures or written text whether transmitted by internet or other electronic means; engage in gaming; or engage in any other use of the device while operating a moving motor vehicle (except activating or deactivating the device).

There are a few affirmative defenses to this law, such as using a hands-free device, operating an affixed GPS unit, reporting illegal activity to the police, communicating with first responders, or when attempting to prevent injury to a person or property.

A person convicted of an offense under this section shall be punished by a fine of not more than $200.

The city of Hurst passed a hands-free ordinance (ordinance 2321) in July of 2016, which outlaws the handheld use of electronic devices while driving. Enforcement will begin in late October of 2016.

Drivers are still permitted to make calls and use GPS, but only in hands-free mode.

Those ticketed for violating this ordinance will face a fine of up to $500.

In 2014, Kingsville city council enacted an ordinance banning the use of hand-held communication devices while driving. Section 7-9-2 of the Kingsville municipal code states that “an operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle within the city limits.” The law does not apply to those using hands-free devices, to fixed GPS units, or when making a valid emergency call.

A violation of this ordinance is a Class C misdemeanor.

On September 1st, 2015, the Kyle City Council unanimously passed (7-0) a hands-free ordinance within the city of Kyle, and began issuing tickets in November of 2015.

The ordinance prohibits the use of hand-held mobile communication devices while operating a motor vehicle or bicycle within city limits. The ordinance does not apply to drivers on private property, drivers who are legally parked, or to emergency officials or law enforcement officers. The use of hands-free technology (such as Bluetooth) is allowed, the use of affixed GPS units, or to drivers in stopped vehicles.

The fine for a 1st offense is between $100 and $500. A second offense could cost you between $200 and $500. A third offense will result in a $500 fine.

 Lake Dallas, Texas

On February 23rd, 2016, Lake Dallas City Council approved an ordinance banning the use of hand-held communication devices while driving within city limits.

According to the ordinance, it’s now unlawful for a person to use a wireless communication device (e.g. mobile phone) to engage in a call or to view/send/create an electronic message while operating a motor vehicle on a public street or highway within the city. A driver holding a wireless communication device to or in proximity of one’s ear while driving is presumed to be engaging in a call, which is banned. Those using hands-free communication options (speaker phone, Bluetooth) will not be cited.

A violation could result in a fine of no more than $500.

 Lake Tanglewood, Texas

According to section 12.02.002 of the Lake Tanglewood municipal code, the use of a wireless communication device for any purpose other than oral communication (and by any person other than the driver of an authorized emergency vehicle or public utility service vehicle) while driving within the limits of the village is prohibited unless the vehicle is stopped. This ordinance applies to all vehicles, including golf carts.

City Council approved a hands-free ordinance (Ord. No 2015-04-20-05) on April 20th, 2015.

The ordinance prohibits drivers and bicyclists from using handheld wireless devices unless parked (not just stopped). The use of hands-free devices is permitted.

First offenses shall not exceed $100, and additional convictions carry fines of up to $500.

Laredo City Council passed a hands-free ordinance (Ordinance No. 2015-O-135) in November of 2015. Enforcement began in February of 2016.

The ordinance states that it’s illegal for motorists to operate a motor vehicle while using a hand-held wireless communication device for engaging in a call, texting, sending or receiving texts, taking or viewing pictures, gaming or any other purposes.

Offenses are punishable by fines of up to $200.

 Liberty Hill, Texas

On February 23rd, 2015, Liberty Hill passed a law (Ordinance No. 15-O-05) banning hand-held phone use while driving. The law states that a driver of a motor vehicle may not use a wireless communication device (including GPS) in any fashion while the motor vehicle is in motion. Drivers are still permitted to use hands-free devices.

The ordinance also prohibits bus drivers with minor passengers from using a mobile communication device unless the vehicle is stopped (federal law only prohibits bus drivers from texting and driving).

A violation under this section is a misdemeanor, and is punishable by a fine of not more than $200.

 Little Elm, Texas

In January of 2016, the Little Elm Town Council voted 6-0 to ban the use of hand-held wireless devices while driving. Enforcement is set to begin March 1st, 2016.

It is now illegal for drivers to call, read or write text messages, take pictures, use apps, play games, or visit websites (or even just hold the device) while driving. Drivers may still use hands-free wireless devices for phone calls and GPS navigation.

First-time violators can be ticketed and fined $250. A third violation could cost you up to $500.

As of May 2016, hand-held cell phone use while driving is illegal in Midlothian after the passage of Ordinance 2016-12. The new law prohibits the use of a hand-held wireless communication device while operating a motor vehicle to engage in a call, send, read or write a text message, take or view pictures or written text, access or view an internet website or software application, play a game, or any other use of the device while operating a motor vehicle, including simply holding the device.

Each offense, upon conviction, is punishable by a fine not to exceed $500.

 Mont Belvieu, Texas

In September of 2016, the city of Mont Belvieu banned the handheld use of phones while driving by a unanimous vote. Ordinance no. 2016-016 states that it shall be unlawful for a motor vehicle operator to use a wireless communication device (e.g., phone) while operating a motor vehicle on a public roadway or on school property within the territorial limits of the City of Mont Belvieu, unless (1) being used with a hands-free device, (2) the device is affixed to the vehicle and being used as a GPS system, (3) the vehicle is parked or on private property. Hand-held emergency calls are still permitted.

The ordinance will not be enforced until March 12th, 2017. Those who break this law are subject to a Class C misdemeanor, punishable by a fine of up to $200.

 New Braunfels, Texas

In August of 2015, City Council voted 4-3 to approve one of the toughest hands-free laws (Ordinance 2015-41) in the state, banning the use of cell phones and other electronic devices while driving.

The new law bans the use of texting, e-mail, and talking on a hand held phone while driving. It also bans the use of electronic devices such as e-book readers, iPods & MP3 music players, and cameras while a person is driving on a public road. The law does not apply on private property, or to affixed GPS devices. Hands-free phone calls are still allowed.

Fines start at $100 and can go as high as $500 for a 3rd violation.

 Port Aransas, Texas

On January 21st, 2016, the Port Aransas City Council voted to enact a hands-free ordinance which banned all use of handheld “electronic communication devices” while driving.

Violations could result in a class C misdemeanor with a fine of up to $500.

On March 6th, 2017, Rollingwood City Council approved a hands-free ordinance (Ord. No. 2017-03-06) banning the use of handheld electronic devices while driving and bicycling. Drivers are prohibited from using a hand-held mobile device such as a phone, gaming device, or tablet while motor vehicle operators are in motion on public roads. Drivers are still permitted to use mobile devices while stopped at a stop light.

Those who violate the new Rollingwood hands-free ordinance can face a fine of up to $500.

 San Antonio, Texas

A hands-free ordinance (2010-10-07-0853) was passed unanimously in November 2014 and enacted in February of 2015.

Ordinance prohibits any use of hand-held devices on the road, requiring motorists to use Bluetooth, car speakers or other hands-free methods to talk on the phone. Drivers may still use hands to activate or deactivate a call, but cannot hold the phone while talking (even if on speaker phone).

The city ordinance does not apply to the incorporated suburbs (Alamo Heights, Shavano Park, etc).

Maximum fine is $200.

View Ordinance Sec. 19-255. – Regulating the use of hand-held mobile communication devices while driving. In this section: Engaging in a call means talking to, dialing, or listening on a hand-held mobile communication device, but does not include holding a mobile communication device to activate or deactivate the device.

Hand-held mobile communication device means a text-messaging device or other electronic, two-way communication device that uses a commercial mobile service, as defined by 47 U.S.C. § 332, that is designed to receive and transmit voice communication, text message or pictorial communication, or both, whether by internet or other electronic means. The term includes a mobile telephone, and a personal digital assistant (PDA).

Hands-free mobile telephone means a mobile telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently part of the mobile telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person) whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate the mobile telephone.

Park or parked shall mean for the operator to completely cease movement of a motor vehicle in a lawful manner and location. For purposes of this section, “parked” does not include or mean a vehicle stopped in a lane of traffic due to either a lawful traffic control device, or the conditions on the roadway, or traffic congestion patterns then existing.

Text message means a two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. The term does not include a communication transmitted through a global positioning or navigation system. A person commits an offense if the person uses a hand-held mobile communication device to: Engage in a call; Send, read, or write a text message; View pictures or written text whether transmitted by internet or other electronic means; Engage in gaming; or Engage in any other use of the device while operating a moving motor vehicle. This section does not apply to an operator of a motor vehicle using a hand-held mobile communications device: While the vehicle is legally parked or is being driven on private property; That is affixed to the vehicle and used as a global positioning or navigation system; That is used with a hands-free mobile communication telephone or other such device; While operating an authorized emergency vehicle in an official capacity; or Who is licensed by the Federal Communications Commission while operating a radio frequency device other than a hand held mobile communication device. It shall be an affirmative defense to prosecution under this section that the person was using a hand-held mobile communication device for the purpose of: Executing the person’s official duties; Reporting illegal activity to a law enforcement agency; Communicating with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician’s office, or a health clinic regarding a medical or other emergency situation; or Preventing injury to a person or property. Only warning citations may be issued for the first thirty (30) days following the effective date of this section so that an educational effort by the city may be conducted to inform the public about the importance and requirements of this new section. Thereafter, a person convicted of an offense under this section shall be punished by a fine of not more than two hundred dollars ($200.00). An offense under this section is not a moving violation and may not be made a part of a person’s driving record or insurance record. In addition to enforcement by a peace officer of the city, this section may be enforced by a peace officer of another entity, including those employed by school districts, duly authorized to issue traffic citations within the city.

 San Juan, Texas

On December 10th, 2015, the city of San Juan banned the use of portable electronic devices while driving (Ordinance No. 15-24). According to the law, an operator of a motor vehicle may not use a portable electronic device while the vehicle is in motion. This ordinance applies to motorized vehicles AND nonmotorized vehicles (e.g., bicycles). Hands-free devices are allowed, as is the use of an affixed GPS unit.

A person convicted of violating this ordinance shall be punished by a fine not to exceed $200 per violation.

 San Marcos, Texas

The San Marcos City Council voted in November of 2015 to adopt a hands-free ordinance (Ord. No. 2015-50) which went into effect on February 1st, 2016.

The ordinance prohibits drivers from using or even holding a handheld wireless device (cell phone) while driving. Drivers will still be able to use Bluetooth, earphones, or other hands-free methods to answer calls, and can still use an affixed GPS unit. Unlike many other cities, San Marcos’ hands-free law only applies to cars in motion. This means that it is still permissible for a driver to use their phone while stopped at a red light.

Drivers could be fined up to $100 for the first offense, $250 for a second offense, and up to $500 for a third.

City Council voted 3-2 to adopt hands-free ordinance (Ord. 15-D-16) in June of 2015.

The ordinance prohibits drivers from using handheld wireless devices to make calls, text, view or take photos, or play games while driving. Drivers will be able to use mobile phones to make hands-free calls or for GPS navigation (if the device is affixed to the vehicle).

Drivers could be fined $200 for each offense.

Sinton City Council members voted in 2014 to enact a hands-free ordinance (Ord. No. 2014-02) in the city.

The ordinance states that “an operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle within the city limits.” Hands-free devices are permissible for making and receiving phone calls, as is the use of affixed GPS units.

Maximum fine per violation is $500.

Socorro city council passed ordinance no. 343 in August of 2014, which effectively banned hand-held phone use while driving within city limits. According to section 42.201 of the municipal code, an operator of a motor vehicle may not use a hand-held wireless communication device while the vehicle is in motion. Hands-free devices are permitted, as is the use of an affixed GPS unit.

A person who violates this ordinance commits an offense punishable by a fine of $80 (which is much lower than in other cities).

 Sugar Land, Texas

On February 21st, 2017, Sugar Land city council passed a hands-free ordinance (No. 2080) by a 5-2 vote, which prohibits the use of portable electronic devices (phones, tablets, gaming systems, etc.) while driving a vehicle within city limits, unless the device is in hands-free mode (or being used for an emergency). Unlike most other cities, drivers in Sugar Land are permitted to pick up the phone at a stop light or a stop sign, but not while the vehicle is in motion.

This ordinance went into effect on March 20th, 2017, and police say they will only issue warnings for the first 90 days. Violating this ordinance could result in a fine of up to $500.

NOTE: On Tuesday, September 5th, 2017, the Sugar Land City Council voted 5-0 to approve the first reading to repeal the city’s ordinance outlawing the hand-held use of mobile devices while driving. Sugar Land’s Assistant Chief of Police Scott Schultz told council members that the new statewide texting ban would make it difficult for officers to enforce the city’s hands-free ordinance, even though (as far as we can tell) the new state law changes nothing in regard to how a hands-free ordinance would be enforced. Regardless, city council officially repealed the local ordinance on Tuesday, September 19th, 2017.

 Sunset Valley, Texas

Sunset Valley city council passed ordinance no. 160621 on June 27th, 2016, effectively making hand-held phone use while driving illegal. According to Chapter 99 of the Sunset Valley municipal code, a person commits an offense if, while operating a vehicle on a public roadway, the person uses a hand-held mobile communication device to either engage in a call; send, read, or write a text message; view pictures or written text whether transmitted by internet or other electronic means; engage in gaming; or engage in any other use of the device.

As with most hands-free ordinances, drivers are permitted to make and receive calls via a hands-free device such as a headset or Bluetooth. A person convicted of an offense under this chapter shall be punished by a fine of not more than $500.

 Universal City, Texas

Universal City has enacted a hands-free in its 6.2-square-mile jurisdiction, and began enforcing the new law (Ord. No. 603) in October of 2010.

An operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle in the city limits of Universal City, Texas. The ban applies to portable (non-affixed) GPS units as well. The ordinance does make an exception for use of “hands-free” devices.

A violation is a Class C misdemeanor and carries a fine of up to $200.

On November 6th, 2015, Watauga city council passed a hands-free ordinance (Ordinance No. 1611), prohibiting the hand-held use of phones and other wireless communication devices while operating a motor vehicle.

An operator of a motor vehicle may not touch a wireless communication device (phone, tablet, gaming system, etc.) while operating a motor vehicle in the city limits of Watauga, unless the vehicle is at a complete stop. The ordinance does make an exception for use of “hands-free” devices such as bluetooth, but only if it remains hands free.

 West Lake Hills, Texas

On March 26th, 2016, West Lake Hills City Council unanimously passed an ordinance (Ord. No. 424) outlawing the use of handheld electronic devices while driving—even when stopped at a red light. Drivers are only permitted to use their phones or other electronic devices in conjunction with a hands-free device such as bluetooth.

The law goes into effect on April 6th, 2016, and police will begin ticketing on June 1st. Fines for breaking the ordinance can reach $250.

On December 13th, 2017, West Lake Hills City Council amended the city’s hands-free ordinance to exclude texting while driving, but only because the new statewide texting and driving law makes this section of the ordinance redundant. Drivers in West Lake Hills are still prohibited from using a handheld phone while driving.

 Wichita Falls, Texas

On February 21st, 2017, the city of Wichita Falls unanimously passed an ordinance banning the handheld use of phones while driving. The ordinance states that an operator of a motor vehicle may not use a wireless communication device for any purpose while operating a vehicle on any street or highway within the City of Wichita Falls, unless employing a hands-free device.

Enforcement will begin on March 27th, 2017, and violations could result in a fine of $195 (and potentially up to $500).

In March of 2015, Wimberley City Council passed a hands-free ordinance (Ord. No. 2015-006) prohibiting the use of portable electronic devices while operating a vehicle. Police began enforcement in June of 2015.

Drivers may not use or touch a handheld wireless communication device (phone, tablet, computer, gaming device, etc) while operating a vehicle (including bicycles) on city streets and/or highways. Drivers are allowed to make and receive calls if the device fully hands-free, or if the vehicle is at a complete stop. Drivers may also use GPS, but only if the device is affixed to the vehicle.

Did we miss any other Texas cities with distracted driving laws? Did your town recently pass a similar law? Let us know by leaving a comment below!