I got the news first hand on this one (from Rep. Gene Wu), but the Tribune has a full story on it, so I suppose you check that out too.
The State House has passed a statewide texting-while-driving ban by insufficient margins. 98-47, to be clear; a few votes shy of the supermajority required to overcome Governor Perry’s promised veto. HB63, Tom Craddick’s bill, was split along rather unorthodox lines.
Lots of Democrats voted against the measure (there is some discussion on this in greater detail below). The chief Democratic opponent was Harold Dutton. Dutton feared the law would allow for widespread racial profiling by the police under the guise of pulling someone over for violating this rule. His amendments would make the violation a secondary offense, and it was defeated.
The Tribune mentions two successful amendments. The first prohibits police officers from confiscating one’s mobile phone and the second prevents the seizure of cell-records without a warrant. No word on who proposed these or what the roll call was. I could figure it out, but I just don’t find it very important.
Finally, this bill would overrule and pre-empt local measures, including those stronger than the statewide proposal. Joe Pickett successfully got an amendment in that would exempt El Paso, which has a total cell-use ban, from the statewide proposal, which provides exceptions for “looking up numbers” and using a GPS or other map system. The bill now heads to the Senate, which, to my knowledge, still hasn’t passed this out of committee.
The roll call vote was 98-47. Of the 98 in support, 43 were Democrats and 55 were Republicans. Of the 47 in opposition, 10 were Democrats and 37 were Republicans. 2 Democrats and 2 Republicans were absent (one of them, Ryan Guillen [D-Rio Grande City], was a big proponent but his wife went into labor), and, of course, the Speaker does not vote.
The 10 Democrats voting against the bill were Lon Burnam (Fort Worth), Terry Canales (Brownsville), Joe Deshotel (Port Arthur), Harold Dutton (Houston), Naomi Gonzalez (El Paso), Roland Gutierrez (San Antonio), Eric Johnson (Dallas), Borris Miles (Houston), Senfronia Thompson (Houston) and Hubert Vo (Houston). I will most definitely remember them next year.
This actually means that the Texting ban isn’t quite as dead as we figured it to be. If Guillen is present at the next vote, the number is at 99. The other Democrat missing was Rene Oliveira (Brownsville), who is recovering from an automobile accident. The options for getting the one more vote is to get Oliveira there (assuming he is a supporter), or trying to peel off at least one Democratic holdout. My money is on Burnam, for what it’s worth.
It is worth nothing that just because all but one of the 10 Democratic holdouts is a racial minority, doesn’t mean that African-Americans or Hispanics are any less supportive of this measure. That is just the typical makeup of the House Democratic Caucus nowadays.