Texas Senate Bill SB92

Texas 2017 - 85th 1st C.S.

Caption

Relating to distracted driving; adding a provision subject to a criminal penalty.

Impact

By centralizing authority at the state level, SB92 seeks to streamline enforcement of distracted driving regulations. It allows for a clear and consistent set of guidelines for drivers and law enforcement alike, potentially enhancing public safety on Texas roadways. However, there is an argument that uniformity may lead to significant regional issues that local governments would be better positioned to address, thus sparking debates on the effectiveness of statewide regulations versus local control.

Summary

Senate Bill 92 (SB92) aims to address the issue of distracted driving by implementing provisions that limit local authorities' ability to regulate or prohibit the use of wireless communication devices in vehicles. The bill asserts that only state laws can dictate regulations concerning distracted driving, creating a more uniform standard across Texas. Under this new legislation, local authorities are authorized to enforce state provisions concerning distracted driving but are prohibited from creating their own regulations. This move intends to reduce confusion among drivers who may be subject to different rules in various municipalities.

Contention

Notably, the bill includes provision for specific activities that could be considered distractions while driving, such as eating, reading, or interacting with passengers. It also provides an affirmative defense to individuals who use hands-free devices or engage in emergency communications. Despite these stipulations, the exclusion of local regulation has raised concerns about municipalities’ ability to tailor responses to their specific traffic and safety challenges. Opponents argue that localities know their roads and community risks better and should retain some authority to govern distracted driving uniquely.