Distracted driving is distracted driving.  You may ticket and punish distracted driving accordingly.  It's a little silly, however, to draw a distinction between distraction by texting or by reaching for a napkin in the glove box, for example.  There are a hundred things you can do while driving that could potentially be equally or more distracting than texting, so shall we outlaw everything and require that both hands be on the steering wheel at all times and your head straight ahead?  You can't legislate stupidity out of existence.  Unless you're prepared to ban everything while driving, including eating, drinking, using maps, handling your phone/GPS for any reason, brushing your hair, reaching for and turning the radio channel or climate adjustment knobs, etc... then I don't see why people think that automatically punishing people for texting makes sense.  They "mean well", sure, but they're taking away our liberty piece by piece.