Texas Transportation Code section 545.4251 makes it an offense to read, write, or send an electronic message on a portable wireless device while driving unless the vehicle is stopped. It applies statewide and overrides local texting ordinances. In a crash claim, phone use is powerful evidence of fault. Owsley Law Firm handles distracted driving cases and charges no fee unless we win.
Texas adopted a statewide texting ban in 2017. Section 545.4251 covers reading, writing, or sending electronic messages while operating a vehicle that is not stopped. It replaced the patchwork of city texting ordinances, because subsection (j) preempts local rules on texting while driving.
For an injured person, the statute matters less as a ticket and more as a standard of care. A driver who was texting at the moment of a crash was not watching the road. This page explains what the law covers, its exceptions, and how phone use is proven.
What does the Texas texting law prohibit?
Using a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.
An electronic message means data read from or entered into a device to communicate with another person, which covers texts, emails, and messaging apps. The behavior must be committed in view of a peace officer or established by other evidence.
What are the exceptions to the texting ban?
The statute lists affirmative defenses, including hands-free use, navigation, reporting an emergency, reading a message believed to concern an emergency, work dispatch devices, and playing music.
- Using a hands-free device
- Navigating with GPS or a navigation app
- Reporting illegal activity or summoning emergency help
- Entering information into a traffic and road conditions app
- Reading a message reasonably believed to concern an emergency
- A device affixed to the vehicle for dispatch or work duties
- Activating a function that plays music
Do city texting ordinances still apply in Texas?
No. Section 545.4251(j) preempts local ordinances on using a portable device to read, write, or send electronic messages while driving.
Some cities once had their own bans. Since the state law took effect, the statewide rule governs texting. Separate state rules still restrict all handheld device use in school crossing zones and for drivers under 18.
How does texting affect fault in a crash claim?
A driver who was texting was not keeping a proper lookout, which is strong evidence of negligence and can push most of the fault onto that driver.
Fault is divided under Chapter 33. Distraction rarely helps the distracted driver’s side. It can also matter to damages: deliberate texting after warnings, combined with other conduct, can support a gross negligence argument in serious cases, though exemplary damages require clear and convincing proof under Chapter 41.
Can an employer be responsible for a texting driver?
Yes, if the driver was working at the time, and possibly directly if the employer encouraged phone use while driving.
Delivery drivers, sales staff, and service technicians often use phones for work. If the driver was acting in the course and scope of employment, the employer is generally responsible for the driver’s negligence. Company policies requiring drivers to respond to dispatch messages while moving can also become evidence.
Commercial truck drivers face separate federal limits on handheld phone use. Those rules can matter in an 18-wheeler or delivery truck case.
How do you prove the other driver was texting?
Phone records, app data, video, witness accounts, and the driver’s own admissions.
Carrier records can show texts and data use with timestamps that can be compared to the crash time. Getting them usually requires a lawsuit or a subpoena. Witnesses who saw a driver looking down and dashcam footage are often the first clues.
How it is proven after a crash
- Phone carrier records with timestamps
- App and data usage logs
- Dashcam or traffic camera video
- Witnesses who saw the driver looking down
- Statements at the scene
Mistakes that cost people money
- Not telling the officer you saw the driver on a phone
- Waiting so long that records are harder to obtain
- Assuming no ticket means no texting
- Posting about the crash online
Frequently asked questions
Is it illegal to text at a red light in Texas?
Section 545.4251 applies while operating a vehicle unless it is stopped. Whether a vehicle waiting at a light counts as stopped can be disputed, so drivers should not rely on it.
Is talking on a handheld phone illegal in Texas?
The statewide ban covers electronic messaging. Separate rules restrict handheld use in school crossing zones and for drivers under 18.
Can I get the other driver’s phone records?
Usually through a subpoena or discovery in a lawsuit. Early preservation letters help.
Does using GPS count as texting?
No. Navigation is an affirmative defense under the statute.
What is the deadline for a distracted driving claim?
Generally two years from the crash under section 16.003.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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