Texas's Cell Phone Use and Texting-While-Driving Laws

Unlike many other states, Texas doesn't restrict all cell phone and wireless device use while driving. Except when driving in school crossing zones, Texas drivers generally are allowed to talk on a cell phone. But most electronic messaging using a cell phone or another wireless device is prohibited.

This article gives an overview of what Texas's distracted driving law covers and the penalties for a violation.

Can You Text While Driving in Texas?

Under most circumstances, it's illegal to text and drive in Texas. Texas's distracted driving laws prohibit drivers from using a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped. Texas law defines a "wireless communication device" as any device that uses a commercial mobile service. (Tex. Trans. Code §§ 545.425, 545.4251 (2025).)

Penalties. Unlawful use of a wireless communication device is a misdemeanor. For a first violation, the fine ranges from $25 to $99. Motorists convicted of a second or subsequent violation face $100 to $200 in fines. (Tex. Trans. Code §§ 545.425, 545.4251 (2025).)

However, if an unlawful wireless device offense leads to the death or serious bodily injury of another person, it's a class A misdemeanor and carries up to $4,000 in fines and a maximum of one year in jail. (Tex. Trans. Code § 545.4251 (2025).)

But beware that causing a death with a vehicle can lead to more serious penalties. (Learn about Texas's vehicular homicide and manslaughter laws.)

Exceptions. There are several exceptions to Texas's distracted driving law. Generally, the law doesn't apply when the wireless device was used:

• with a hands-free device
• to use a GPS system
• for emergency purposes
• to activate a system that plays music, or
• to relay information to a dispatcher or digital network or software application service in the course of the driver's occupational duties and the device was permanently or temporarily affixed to the vehicle.

(Tex. Trans. Code § 545.4251 (2025).)

Can You Talk on the Phone While Driving?

Under most circumstances, adults in Texas can use a phone to make or receive a call while driving. However, it's against the law to use a phone for texting or calling when driving in a school crossing zone—unless the vehicle is stopped or the driver is using a hands-free device. A violation can result in a fine of up to $200. (Tex. Trans. Code §§ 542.401, 545.425, 545.4252 (2025).)

Generally, the law doesn't apply when the driver used the wireless device for emergency purposes, such as seeking medical help or help from law enforcement. (Tex. Trans. Code §§ 545.425, 545.4252 (2025).)

Can Teens Use a Phone While Driving?

Generally, drivers who are under the age of 18 (under 17 years old with a restricted moped or motorcycle license) are prohibited from using a wireless device for any purpose while driving. In other words, these underage drivers can't text message or talk on the phone while at the wheel except in case of emergency. Violators are guilty of a misdemeanor and face $25 to $99 in fines for a first violation and $100 to $200 in fines for a second conviction. (Read more about Texas's teen driving laws.) (Tex. Trans. Code § 545.424 (2025).)