Dutton was the bill's most vocal opponent and proposed numerous amendments, including prohibiting an officer from using texting as the only probable cause to pull somebody over and having the the law apply only to Texas highways, not local roads. Rep. Tony Tinderholt, R-Arlington, also proposed that drivers not be ticketed "for using their phone while under 10 miles per hour, also known as I-35."

Other representatives questioned the bill's penalties and asked for clarification on drivers who use their phone's GPS applications. Many of the amendments were denied, but amendments requiring the office to give a written notice to appear and to cap the penalties at $200 for violators were passed.

Rep. Gene Wu, D-Houston, a co-author of the bill, compared the bill's provisions to getting pulled over for not wearing a seat belt.



"If an officer sees you without a seat belt on, as a sworn officer, he will testify to that in court, and then a jury is left to decide," he said, adding that getting pulled over for texting while driving would be no different.

The bill also prohibits an officer from taking a phone if the driver is found in violation and does not assign points to a driver's license.