Texas is the 47th state to join the fray of states enacting statewide bans on texting while driving. The new law (House Resolution 62) prohibits, as a secondary offense, drivers from reading, writing, or sending electronic messages unless the vehicle is stopped.
The ban does not apply to stationary vehicles; thus, drivers whose cars are stopped at traffic signals or in traffic jams may text. The ban also does not apply to: drivers of authorized emergency or law enforcement vehicles in an official capacity; drivers reporting criminal activities; or messages that are emergency alerts or related to the navigation of the vehicle. Drivers still may use wireless devices to place phone calls, setting a GPS device, listening to music programs or even surfing on the Internet.
Punishment for Violations
Drivers cannot be punished solely for driving while texting. The offense must be committed “in the presence of or within the view of a peace officer or established by other evidence.” The first offense is a misdemeanor punishable by a fine of at least $25 and not more than $99. Any subsequent violation is punishable by a fine of at least $100 and not more than $200. If a driver who was found to be texting causes the death or serious bodily injury of another person, in addition to any punishment he/she may face for the violation of any other law, the driver can be subject to a fine not to exceed $4000 and a jail term that does not exceed one year.
The Occupational Safety and Health Administration (OSHA) has called on employers to prevent work-related distracted driving, with a special focus on prohibiting texting while driving. According to OSHA, it is an employer’s responsibility and legal obligation to have a clear, unequivocal and enforced policy against texting while driving. Employers that require texting while driving, create incentives that encourage or condone texting while driving, or structure work so that texting while driving is a practical necessity for workers to carry out their jobs may be subject to OSHA citations and penalties.
Coverage: Employers with employees in Texas.
Effective: September 1, 2017
Action Required: You should review and revise your policy to ensure that it (1) clearly and unequivocally prohibits texting while operating motor vehicles and (2) does not incentivize employees to text while driving. As always, please be sure to contact your Human Resource Business Partner if you have any questions.
[1] The aggregate limit of coverage for the program remains at $40,000,000.