Texas Phone Ban: Driving Laws, School Rules and Fines in 2026
Short answer
Partly. Texas bans texting while driving statewide under Transportation Code § 545.4251, with fines of $25 to $99, but handheld calls are still allowed on most roads. Public schools must also keep students off their phones during the school day under Education Code § 37.082.
Last verified October 30, 2026 against current Texas law
The Texas phone ban covers two different laws, and people searching for it usually want one or the other. One is the driving law that bars reading, writing or sending texts behind the wheel. The other is the 2025 school law that keeps students from using phones during the school day. This page covers both, plus the school zone rules, the extra limits for drivers under 18, headphones, and where the law may go next.
| Texting while driving | Illegal statewide since September 1, 2017, unless the vehicle is stopped |
|---|---|
| Handheld phone calls | Legal on most roads, but not in school crossing zones or on a bus with a minor aboard |
| Drivers under 18 | No wireless device use at all while driving, except in an emergency |
| Student phones at school | Public school districts and charters must restrict use during the school day (HB 1481, 2025) |
| Typical fine | $25 to $99 first offense, $100 to $200 with a prior conviction |
| Main laws | Transportation Code §§ 545.4251, 545.425, 545.424, 545.4252, Education Code § 37.082 |
What is the Texas phone ban in 2026?
It is a patchwork, not one rule. Texas has no full hands-free law for adults, so you can still hold a phone to your ear for a call on a normal road. What the state does ban is typing, reading or sending messages while the car is moving.
Separately, House Bill 1481 changed how every public school district and open-enrollment charter school in Texas handles student phones. That is the version most parents and teens mean. Our guide to new Texas laws lists it with the other 2025 changes.
Is texting and driving illegal in Texas?
Yes. Under Transportation Code § 545.4251, an operator commits an offense by using a portable wireless communication device to read, write or send an electronic message while driving, unless the vehicle is stopped. House Bill 62 created the offense, and it took effect September 1, 2017.
The officer has to see you do it, or the state needs other evidence. Police also cannot take or search your phone just because they stopped you for texting unless another law allows it.
Texas cell phone law: what you can still do
Quite a lot. The statute lists defenses that let you use a phone legally. The law says it is an affirmative defense if you used the phone:
- With a hands-free device, such as speakerphone, a Bluetooth headset or voice-operated technology.
- For GPS directions or a navigation system.
- To report illegal activity, call for emergency help, or enter information into a traffic or road-conditions app.
- To read a message you reasonably believed was about an emergency.
- On a device fixed to the vehicle to relay work information to a dispatcher or a digital network or app service.
- To start a function that plays music.
This is why the rule is often called a texting ban rather than a “no touch” law. Dictating a text through voice commands falls under the hands-free defense, and tapping a play button is covered by the music defense. Typing a reply at a green light is not.
Where handheld calls are banned: school zones, buses and young drivers
School crossing zones
In a school crossing zone, you may not use a wireless device unless the car is stopped or you use a hands-free device. This comes from Transportation Code § 545.425. The city or school district must post signs at the zone, and a missing sign can be a defense. A related rule in § 545.4252 applies the same hands-free requirement on public school property that has a school crossing zone while the reduced speed limit is in effect.
Buses with a minor aboard
A driver of a school bus or passenger bus may not use a wireless device while a minor is on board unless the bus is stopped. A bus driver may use a device the way a two-way radio is used in the course of the job.
Drivers under 18
Anyone under 18 may not use a wireless communication device while driving, even hands-free, except in an emergency. That rule is in Transportation Code § 545.424. An officer cannot stop a car for the sole purpose of checking whether a teen is on the phone.
A teen under 17 with a restricted motorcycle license has the same device limit on a motorcycle. Our Texas legal age guide covers the other age limits for driving and work.
Texas phone law fines and penalties
| Offense | Level | Penalty |
|---|---|---|
| Texting while driving, first offense | Misdemeanor | $25 to $99 |
| Texting while driving, prior conviction | Misdemeanor | $100 to $200 |
| Texting that causes death or serious bodily injury | Class A misdemeanor | Up to $4,000 and up to 1 year in jail |
| Driver under 18 using a wireless device | Misdemeanor | $25 to $99, or $100 to $200 with a prior conviction |
Section 545.425 has no stand-alone fine. Violations of it, such as handheld use in a school crossing zone, are charged under the general penalty for traffic offenses, which is a fine of $1 to $200 under Transportation Code § 542.401.
Is it illegal to drive with headphones in Texas?
No. We found no Texas statute that bans headphones or earbuds for a driver in a regular passenger car. The texting law is about messages and wireless devices, not about listening to audio.
That does not make them risk-free. If headphones keep you from hearing a siren or a horn and you drive carelessly, an officer could cite you for another offense, such as reckless driving under Transportation Code § 545.401. A hands-free headset also does not help you in a school zone if you hold the phone. Our guide to everyday driving myths covers other rules people assume exist.
Are phones banned in Texas schools?
Yes, in most cases. House Bill 1481 amended Education Code § 37.082 so that every public school district and open-enrollment charter school must adopt a written policy that bars students from using a personal communication device on school property during the school day.
The Texas Education Agency says the law took effect June 20, 2025, and districts had to adopt their policies by September 18, 2025. The House gave it final passage on a 128 to 17 vote, and the Senate approved it unanimously.
- Devices covered: phones, tablets, smartwatches, radio devices, paging devices and any other electronic device capable of telecommunication or digital communication. Devices the school itself provides are not covered.
- How schools comply: a district can bar students from bringing devices at all, or set a method for storing them during the school day.
- Required exceptions: use needed for an individualized education program or Section 504 plan, use by a student with a documented need based on a physician directive, and use needed to meet a health or safety requirement in law or the school safety plan.
- Discipline: each policy must set penalties, and may allow confiscation. A school that wants to dispose of a confiscated device must give the parent 90 days of written notice first.
Each district sets its own details, so the student handbook decides what a first offense looks like.
Does the Texas phone ban apply to colleges?
No. House Bill 1481 covers school districts and open-enrollment charter schools. Neither the bill nor the Texas Education Agency guidance mentions colleges or universities, so a college sets its own classroom rules. The driving law applies to college students the same as anyone else.
City rules: Austin, San Antonio and other cities
Cities cannot write their own texting rules, because § 545.4251(j) preempts local ordinances on reading, writing or sending messages. Section 545.425 does let a city ban wireless device use throughout its limits if it posts signs at the city entrances. Austin used that room in Ordinance No. 20140828-041, which began January 1, 2015 and bars using a portable electronic device while a vehicle is moving, with a hands-free defense. San Antonio put a handheld talking and texting ban into effect the same day.
Those city rules go further than state law. Check your city’s current code and its posted entrance signs before you assume a handheld call is allowed there, because ordinances change. Houston and Dallas drivers are covered by the state rules and the school zone limits discussed above.
Will the phone law be lifted or expanded?
The driving law and the school law both stay in place unless the Legislature changes them, and the next regular session starts in January 2027. Lawmakers have tried to pass a full hands-free law before. Senate Bill 47 was filed in the 2025 session to limit drivers to hands-free use, but it died in the Senate State Affairs Committee, and as far as we found the statutes still contain no statewide handheld ban.
A bill to lift the school phone rule has not been reported to us. Because the school law was passed with large majorities, a repeal looks unlikely, though districts may adjust their own policies.
Real situations: how the Texas phone law works
You read a text at a red light
The law says unless the vehicle is stopped, so reading a text while fully stopped is not an offense. Pulling forward with the message still open is a different matter, and an officer who sees you typing as you roll can cite you.
You use Apple Maps on the highway
Using GPS directions is a listed defense, so tapping a route is allowed. Typing a text in the same app window is not.
Your 16-year-old takes a call through the car speaker
That is illegal for a driver under 18 under § 545.424, even hands-free, unless it is an emergency. The same call is fine for an adult driver on a normal road.
Myths vs. facts about Texas phone laws
| Myth | Fact |
|---|---|
| “Texas has a full hands-free law.” | Adults can still make handheld calls on most roads. The hands-free limit applies in school zones, on buses with minors and to drivers under 18. |
| “Headphones are illegal while driving.” | We found no statute that bans them in a passenger car, though careless driving can still bring a citation. |
| “The school phone ban only covers phones.” | It also covers tablets, smartwatches and similar devices. |
| “The school ban applies to colleges.” | It covers K-12 public districts and charters only. |
| “A cop can search my phone after a texting stop.” | The statute bars an officer from taking or inspecting the phone unless other law allows it. |
Timeline: how Texas phone laws developed
| Date | Change |
|---|---|
| September 1, 2005 | Senate Bill 1257 added school crossing zone and bus limits to § 545.425 |
| September 1, 2013 | House Bill 347 added the school property rule in § 545.4252 |
| September 1, 2017 | House Bill 62 created the statewide texting ban in § 545.4251 |
| 2025 session | Senate Bill 47, a hands-free proposal, was filed but did not pass |
| June 20, 2025 | House Bill 1481 school phone law took effect, per the Texas Education Agency |
| January 2027 | Next regular session of the Texas Legislature |
Anyone convicted of driving while intoxicated on top of a phone offense faces a separate charge. See our Texas DWI guide, and browse more Texas driving and vehicle guides.
Frequently asked questions
Is texting and driving illegal in Texas?
Yes. Reading, writing or sending a text while driving is illegal statewide under Transportation Code § 545.4251 unless the vehicle is stopped. A first offense carries a fine of $25 to $99, and a repeat offense is $100 to $200. If the texting causes death or serious bodily injury, it becomes a Class A misdemeanor.
Is it illegal to drive with headphones in Texas?
No statute we found bans headphones or earbuds for a driver in a passenger car. You can still be cited for another offense if the headphones keep you from driving safely, such as reckless driving. Holding a phone while wearing a headset can also break school zone rules.
Are phones banned in Texas schools?
Yes. Under House Bill 1481 and Education Code § 37.082, public school districts and charter schools must bar students from using personal devices on school property during the school day. Schools may require storage or bar the devices entirely, and medical, special education and safety exceptions apply.
Will the Texas phone ban be lifted?
There is no pending change we could confirm. The school law passed the House 128 to 17 on final passage and the Senate unanimously, and only the Legislature can repeal it. The next regular session begins in January 2027, and lawmakers may again consider a full hands-free driving bill.
Is the phone ban only in Texas?
The school law and the driving law are Texas statutes that apply to Texas roads and Texas public schools. Other states write their own distracted driving and school phone rules. If you drive across a state line, follow the local law there rather than assuming the Texas exceptions travel with you.
Does the Texas phone ban apply to colleges?
No. House Bill 1481 applies to public school districts and open-enrollment charter schools, and it does not mention colleges or universities. Each college decides its own classroom policy. College students who drive are still covered by the Texas texting law.
Can police pull me over just for using my phone?
Yes, for texting, if an officer sees you reading, writing or sending a message while the car is moving. For drivers under 18, however, the law says an officer cannot stop a vehicle solely to check whether the teen is using a device.
What changed on this page
October 30, 2026: First published. Verified against Transportation Code Chapter 545, Education Code § 37.082 as amended by House Bill 1481, and Texas Education Agency implementation guidance.
If this affects you: if you received a citation, you can contest it in the municipal or justice court named on the ticket, and a Texas-licensed traffic defense attorney can explain your defenses. Parents with questions about a school phone policy can start with the district office or the Texas Education Agency. This guide is general legal information, not advice for your situation. Read how we research every guide in our editorial policy, or report an error.
