The penalties could be as high as a $500 fine and a one year driving license suspension.
Under a draft bill proposed by Democratic Rep. David Fielding (District 5), first time offenders would face a $200 fine and 30 day suspension and on a second offense it would be a $300 fine and a 90 day suspension.
Fielding says he knows, even if his bill passed in its original form, motorists are still going to text and drive.
"I think it will make them think twice before they pick up that phone and start texting," Fielding says.
The state's Office of Driver Control reports law enforcement officers issued 180 citations for texting and driving in 2012 as of Monday.
That figure is more than triple the citations issued in 2011.