Call me: State bans texting while driving

House Bill 243, which places a statewide ban on texting while driving, has been catching heat since its introduction into the 82nd Legislature, but all that has changed as lawmakers passed the bill after much deliberation late Sunday evening.

HB 243 was written by Midland Republican Rep. Tom Craddick. According to the bill, the ban includes all "text-based communication," meaning communication sent from a wireless communication device for the purpose of manually communicating with another person in a written medium. The ban would include text messages, instant messages and emails. Drivers caught texting, emailing or instant messaging on their phones can be fined more than $200.

Adam Henderson, public information officer for the Frisco Police Department, said it's not hard to observe drivers using cell phones while driving.

"Now, depending on how the bill -- and subsequent offense -- is written, it will determine how we handle it," he said. "Sometimes, it may just be easier to develop [probable cause] for a stop and cite based on other traffic violations, like failure to maintain a single lane of travel, speeding, etc. Those types of offenses usually accompany texting or distracted driving and are more easily articulated in citing someone."

Henderson said the new law would not require any additional resources to enforce.

According to distraction.gov, the government's website for distracted driving, using a cell phone delays the driver's reaction as much as having a blood alcohol level of .08 percent. More than 5,000 people were killed and 448,000 were injured because of distracted driving.

Sgt. David Tilley with the Plano Police Department said there were both good and bad points to the law.

"I think it is a good law and necessary," he said. "There's actual statistics that are proven that texting while driving is more dangerous than drunk driving."

Tilley said texting while driving is not an action that is limited to teenagers and young people but affects drivers of all ages.

"You would be surprised how many times officers pull up beside someone who is so focused on texting that the driver has no idea the officer is there," he said. "There are so many people who speed off from a red light with an officer behind them because they aren't paying attention."

Tilley said he expects drivers to try to hide cell phone usage once the bill is signed into law.

"In the past, someone may be holding their phone on the steering wheel with their eyes straight ahead, so they are somewhat paying attention," he said. "Now they will hold it in their lap and look down to avoid being caught."

Scott Brewer, deputy chief with the McKinney Police Department, said the department supports any piece of legislation that would keep the city's motorists safe.

"We will make sure our personnel [are] as diligent as they can be in looking for the true offenses," he said. "You have to be looking for elements of the offense, and whatever the exact language of the bill is will tell you exactly what we will be looking for. We are waiting on Gov. Perry to sign on it and get it into effect, but the final language will give the explanation of the final offense. We absolutely support legislation that will help keep our motorists safe, and that is what that bill is designed to do -- and we will enforce it accordingly."

Collin County Sheriff Terry Box is a longtime advocate of banning texting while driving. Several months ago, Box implemented his own ban with sheriff's office employees restricting texting while driving, and all use of a cell phone must be hands-free. Unless the officer assigned to the call must have direct cell phone contact with the complainant while responding, then texting or emailing is prohibited while the vehicle is moving.

Box said it is time to have a statewide ban on texting while driving.

"We would be enforcing those laws if it is passed," Box said. "It's just as dangerous as drinking and driving or driving while intoxicated. There will be issues on how to enforce it, and it is going to be the officer's word against the driver's in court, but that will work out when we read the law and see what the rules are."

Box said the offense would be a Class C misdemeanor, and fines would be similar to those for running a stop sign or a red light.

"I am happy with anything that will allow us to stop texting while driving," he said.

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