Unfortunatley, the people making these laws do not know you or me. I'm sure only fatalities are recorded and that is how the state/s get their information and make these laws.

The rule of thumb in upland bird hunting, is sky between the bird before shooting.
The incident in Texas, there was no sky and I have to believe that he was not a true hunter, as he would known this. People get excited and novices do make mistakes, color has little to do when an in-experienced hunter gets rilled up when a pheasant explodes under him or a covey of quail. Hunting in thick cover for woodcock and grouse, like another poster said, if you do not know where the other person is, you don't shoot.
Flourescent orange in woodcock and grouse covers, to me is a good idea, wide open fields, no, but like I said, here in Pennsylvania, it is mandatory.

David