Therein lies the problem...  That "evil" little word "but".  Many of the laws/statutes/crap that we have to deal with today are a product of that word.  "But, the Gangbangers might have guns!", "but, the Pedophiles might have children's images on their computers" and the ever pervasive "but, we'll have to let the SERIAL KILLERS out if we don't get more money for the prisons".There are already laws on the books that can be used if someone causes harm to another because of their negligence and they surely carry a much higher penalty than the new one they're going to put in place to collect a "texting tax".  Or, another reason to stop and search.
Just my .02

I hate laws that infringe on a person's rights, but in this case curbing cell use while driving is a serious safety issue. Every day I encounter close calls and near misses and actual accidents because of people distracted from their driving, most because of cell phones.