All they have to do us utilize the GPS function (built into the phone) in the text program. If you are moving at a rate greater than 10 miles per hour, then the texting function would be disabled.
The trouble would then be that you could not send texts if you were on a bus, train or riding in the car with someone else driving.
What I can see, and what I woudl approve of, is a charge of INTENTIONAL CONTRIBUTION TO AN ACCIDENT - with a very substancial fiscal and legal liability. Text and drive, get in an accident while texting; you just gave up a huge fine, and are liable for a percentage of your income for the next ‘x’ years.
Text and kill someone through involuntary manslaughter - bump the involuntary manslaughter charge to voluntary manslaughter.
Make it hurt enough, and people will comply. If little missy and junior wanna text on their way to high school; then mommy and daddy lose their home. If mommy and daddy can’t or won’t teach their kids the basics; then Mommy and Daddy can pay the costs of their offsprings indescretions.
See my post! Solves both problems