For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Authorized government vehicle.
A motor vehicle owned by the United States, the state or a political subdivision of the state.
Electronic message.
A self-contained piece of digital communication that is designed or intended to be transmitted to or from a wireless communication device, other than a voice message. An electronic message includes, but is not limited to, a text-based communication, a nonverbal command or request to access or receive information from an internet site, electronic mail, a text message, an instant message or such other data that uses a commonly recognized electronic communications protocol.
Operate or operating.
To drive or be in physical control of a motor vehicle.
Operator.
A person who drives or has physical control of a motor vehicle.
Parked.
The complete cessation of movement of a motor vehicle in a lawful manner and location. For purposes of this article, “parked” does not include or mean a vehicle stopped in a lane of traffic due to a lawful traffic-control device, the conditions on the roadway, or traffic congestion then existing.
Wireless communication device.
In accordance with Texas Transportation Code section 545.425, a device that uses a commercial mobile service, as defined by 47 U.S.C. section 332.
(Ordinance 2539 adopted 2/7/17)
(a) 
It shall be unlawful for an operator of a motor vehicle to use a wireless communication device to view, read, send or compose an electronic message or to manually engage other application software while operating a motor vehicle upon any roadway in the city, including when stopped, except as provided in subsection (b).
(b) 
It is an exception to the prohibition in subsection (a) if:
(1) 
An operator of a motor vehicle uses a wireless communication device to strictly engage in a telephone conversation or to listen to a voicemail message, including dialing or deactivating a phone call;
(2) 
An operator of a motor vehicle uses a wireless communication device while parked at a position, parallel to and as close as possible to the right hand edge or curb of a roadway where parking in a nonemergency situation is not otherwise prohibited; or
(3) 
An operator of a motor vehicle uses a wireless communication device solely in a voice-activated or other hands-free mode.
(c) 
It is an affirmative defense to prosecution of conduct prohibited in subsection (a) if:
(1) 
An operator of an authorized government vehicle uses a wireless communication device to respond to an emergency while acting in an official capacity while operating an authorized government vehicle; or
(2) 
An operator of a motor vehicle uses a wireless communication device to:
(A) 
Operate only as a global positioning or navigation system;
(B) 
Obtain emergency assistance by contacting an emergency response service, including a rescue, emergency medical, or hazardous material response service; a hospital; a fire department; a law enforcement agency; a medical doctor’s office, or an individual to administer first aid treatment;
(C) 
Obtain emergency assistance to prevent a crime about to be committed;
(D) 
Report a traffic accident or serious traffic hazard; or
(E) 
Communicate with the reasonable belief that a person’s life, safety or property is in immediate danger.
(d) 
To the extent that any clause, phrase, provisions, sentence or part of this section conflicts with Texas Transportation Code section 545.424, regarding the use of wireless communication devices while operating a motor vehicle by minors, or Texas transportation Code section 545.425, regarding the use of wireless communication devices in school crossing zones, this section does not apply.
(Ordinance 2539 adopted 2/7/17)
(a) 
Any person who violates any provision of this article shall be subject to a penalty as provided herein.
(b) 
Any person convicted of a violation of any provision of this article shall be considered to be endangering the health of the citizens of the city and shall be subject to a fine of not less than $100.00 or greater than $500.00 per violation.
(Ordinance 2539 adopted 2/7/17)