• Texas Legislative Issues/News: Measure nullifying local ordinances regulating cell phone usage while driving to be considered
  • July 25, 2017 | Author: Jake Posey
  • Law Firm: The Posey Law Firm, P.C. - Austin Office
  • Jake Posey Texas lobbyist and attorney, explains that the various local laws either ban the use of all mobile devices, ban texting while driving, or ban manual use of cell phones but allow for hands-free use. The Abbott proposal is already starting to get pushback from local governments which maintain that a statewide law nullifying local ordinances encroach on their prerogatives.

    It is uncertain whether the new state law will substitute statewide regulations on cell phone use other than texting, the ban of which goes into effect September 1, 2017. Statewide regulations on speaking on a cell phone may have to wait for the next regular session.

    In the meantime, local reaction to the ban on texting is mixed. Some local officials maintain that it will be hard to enforce since it will not be apparent to a law enforcement officer whether a motorist that has been pulled over was using a phone to text or make a voice call. Others, however, laud the law’s passage, maintaining that a ban on texting will help cut down on distracted driving and hence automobile accidents.

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