The House Committee on Transportation met on March 9 to take up and consider HB 62 and HB 520, both relating to the use of a wireless communication device while operating a motor vehicle.
HB 62, Craddick – Relating to the use of a wireless communication device while operating a motor vehicle.
- Adds texting information to driver’s exams, creates offense for texting while driving
- Once this information is in the driver’s education courses, etc., this activity will slow down
Rep. Lucio
- Deterrence is a big factor in getting people to stop texting while driving
- Rep. Y. Davis – We have responsibilities as legislators, we need to create a safe state and uniform safety legislation is important
Beaman Floyd, Texas Coalition for Affordable Insurance Solutions – For HB 62
- Texting with handheld devices is the most distracting thing a driver can do, shown by studies
- Insurance industry is interested in promoting safe driving practices, culture of texting needs to change
- There should be a statewide ban on texting while driving
- Rep. Simmons – What is your organization’s thought on using phones for purposes aside from texting?
- Against any distracted driving, but we support HB 62 as texting is the number 1 issue
- Rep. Simmons – Do you anticipate coming back and asking for a more reaching ban?
- No
- Rep. Simmons – Some vehicles will read texts to you, would that be a violation of this law?
- No, these practices markedly reduce usage of phones in vehicles
Mike Meyers, Self – For HB 62
- Shares personal story of family death due to texting
- State wide law is necessary to save lives
Captain Matt May, Houston Police Department – For HB 62
- Issue with tracking texting has to be from self-admission and it is not a citable offense, difficult
- Will always be driving distractions, but it is important to combat what we can
- Rep. Phillips – Is this about depriving people of liberty?
- This would be a citation, about the same as a speeding ticket
- Rep. Minjarez – Very much in favor of this, wondering what officers use as evidence of texting
- Body camera footage/stills, dashcams, trying to roll out official tools quickly
Rep. Gene Wu
- Supports HB 62, bill helps standardize a safe practice
- Officer’s sworn statements can be used as evidence in prosecuting this offense
- Rep. S. Thompson – So due process is available in the bill?
- Yes, not any different from any other traffic offense that exists now
Noel Johnson, Texas Municipal Police Association – For HB 62
- Lakeway has been prosecuting these offenses via ordinance, uses 2 officers in a vehicle at once monitoring usage for some time before
Judge Kevin Madison, Lakeway – For HB 62
- Law helps enforce and teach against bad behavior, will provide a standard
- Bill should assess license points as well as offense
- Rep. S. Thompson – Thinks this is an excellent bill, but I hope it’s not used as pretext for arrest
- Dishonest officers can use many different transportation offenses as pretext
Robin Garza, Texas EMS, Trauma, and Acute-Care Foundation – For HB 62
- Distracted driving is a dangerous activity, legislation will support efforts to stop this
James Scheafer, Self – For HB 62
- Shares personal story of family death due to texting
- Rep. Phillips – This is the 4th session this bill has been heard, what is the response to concerns over deprivation of liberty?
Justin Neumann, Encana Oil & Gas – For HB 62
- Ban on distracted driving and punitive action ahs drastically reduced accidents
- Rep. Israel – Can you share information and opinions about rural concerns?
- Rural roads can be dangerous, distracted driving can amplify conditions
Emily Gerrick, Texas Fair Defense Project – On HB 62
- Understand the purpose of the bill, but many Texans are harmed by Class C offense prosecution; fines from these offenses can overburden Texans without means to pay
- Hope that reforms for Class C
- Rep. S. Thompson – Persons jailed for traffic fines is equivalent to debtor’s prison, should look to the courts to solve this across the nation
- Rep. Simmons – So the ability of people to pay is an issue?
- Class C offenses disproportionately affect low income Texans
- Rep. Simmons – One solution is to not commit the offense?
- Punishment should affect everyone equally
Rep. Craddick closes
- Rep. Pickett and Rep. Craddick discuss what bill does not do, bill does not restrict calls or voice operated technology, does not restrict reporting illegal activity, etc.
- Can’t force people not to text, but we can promote safety ideas
- Rep. S. Thompson – Has concerns about allowing potential overreach of authority
HB 62 voted out (13-0)
HB 520, Turner – Relating to the use of a wireless communication device while operating a motor vehicle.
- Similar to HB 62, but only applies to vehicles with passenger <18 in the car
- HB 520 can serve as a fallback if HB 62 does not continue
- Rep. Israel – Losing many Texans to accidents, safety will be a theme this session
HB 520 left pending