Newest target? Texting.

Call it a loophole, perhaps, but California's ban on driving while talking on a hand-held cell phone does not extend to text messaging.

Put simply, adult motorists who can't hold a phone to their ear beginning July 1 can use the same device to type out messages.

But they'd better hurry.

Legislation proposed Thursday by Sen. Joe Simitian, D-Palo Alto, would add texting to the cell phone ban he championed.

"Texting while driving is so obviously unsafe that it's hard to believe anyone would attempt it, yet every-day observation suggests there are an awful lot of folks who do," Simitian said.

Simitian gutted unrelated legislation Thursday, Senate Bill 28, to propose that texters be fined the same as talkers – $76 for a first offense, including state and local fees.

Simitian is striking while the iron is hot, a time of intense publicity about his hand-held phone ban, which takes effect in two weeks.

Gov. Arnold Schwarzenegger and the California Highway Patrol have taken no position on the texting bill which, even if signed, would not become law until Jan. 1.

The trade association for the cellular industry, named simply CTIA, supports Simitian's push.

"There's absolutely no reason why someone should be texting while driving," spokesman John Walls said.

But Assemblyman Chuck DeVore said banning specific distractions is a slippery slope, and unnecessary, because motorists already can be cited for reckless driving.

Drivers' attention can be affected by changing CDs, putting on makeup, or by loud music, pets, crying babies, smoking, eating and other things, he said.

"Where do you draw the line?" DeVore said.

Simitian's proposed crackdown on text messaging would affect adults differently than minors because of separate statutes effective July 1.

Adult drivers are barred only from using hand-held cell phones, so they can use hands-free models or text messagers. Simitian's bill would ban the latter.

Juvenile drivers are barred from using any type of "mobile service device," including all cell phones and text messagers.

But the violation is a secondary offense, meaning minors cannot be stopped for using a hands-free cell phone or a text messager unless they break a second traffic law at the same time.

Simitian's SB 28 would allow officers to cite juvenile drivers solely for texting.