In this article:
Bicycle.
A device that a person may ride and that is propelled by human power and has two tandem wheels at least one of which is more than 14 inches in diameter.
Engaging in a call.
Talking, dialing, or listening on a wireless communication device, but does not include holding a mobile communication device to activate or deactivate the device.
Hands-free device.
Speakerphone capability, a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a motor vehicle, that allows use of the wireless communication device without use of either of the operator’s hands, except to activate or deactivate a function of the wireless communication device or hands-free device. The term includes voice-operated technology and a push-to-talk function.
To operate a bicycle.
Sitting astride a permanent seat attached to a bicycle while the bicycle is in motion.
Park or parked.
To completely cease movement of a motor vehicle or bicycle in a lawful manner and location. For purposes of this section, “parked” does not include or mean a vehicle stopped in a lane of traffic due to either a lawful traffic-control device, or the conditions on the roadway, or traffic congestion patterns then existing.
Wireless communication device.
A device that uses a commercial mobile service, as defined by 47 U.S.C. section 332, as provided under subsection 545.425(a)(2), Texas Transportation Code, as amended.
(Ordinance 358 adopted 10/10/17)
(a) 
A person commits an offense if, while operating a motor vehicle or a bicycle on a public roadway or any area described under section 18.01.001 of this code, the person, without using a hands-free device, uses a wireless communication device to engage in a phone call.
(b) 
This section does not apply to an operator of a motor vehicle or bicycle who is using a wireless communication device:
(1) 
While the vehicle or bicycle is lawfully parked;
(2) 
If the device is affixed to the vehicle, whether permanently or temporarily, and being actively utilized as a global positioning or navigation system;
(3) 
If the device is being used in conjunction with a hands-free device; or
(4) 
Is an operator described by subsection 545.425(e), Texas Transportation Code.
(c) 
It is an affirmative defense to prosecution under this section as provided under subsection 545.425(d), Texas Transportation Code.
(Ordinance 358 adopted 10/10/17)
(a) 
An offense under this article is a misdemeanor and punishable by a fine in accordance with the general penalty provision of section 1.01.009 of this code of ordinances.
(b) 
An offense under this section is not a moving violation and may not be made a part of a person’s driving record.
(Ordinance 358 adopted 10/10/17)