In this article:
Engaging in a call.
Dialing, talking, or listening on a handheld wireless communication device, but does not include holding a wireless communication device to activate or deactivate the device.
Hands-free mobile telephone.
A mobile telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently a part of the mobile telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid) whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate the mobile telephone.
Motor vehicle.
A self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric bicycle or an electric personal assistive mobility device.
Stop or stopped.
To completely cease movement of a motor vehicle.
Wireless communication device.
A device that uses a commercial mobile service, as defined by 47 U.S.C. section 332, that is designed or used to receive and/or transmit voice communication, text message and/or pictorial communication, whether by internet or any electronic means. The term includes a mobile telephone, and a personal digital assistant (PDA).
(Ordinance 2018-11-19-04 adopted 11/19/18)
(a) 
A person commits an offense if, while on a public roadway or on any private street in an area described under article 18.02 of this code, while operating a motor vehicle the person uses a handheld wireless communication device to:
(1) 
Engage in a call;
(2) 
View or interact with websites or web pages;
(3) 
View pictures or video files whether transmitted by internet or other electronic means or stored locally on the device;
(4) 
Engage in gaming or use of any application software; or
(5) 
Activate a camera or take a picture or video.
(b) 
This section does not apply to an operator of a motor vehicle who is using a handheld wireless communication device:
(1) 
If the device is being used as a hands-free mobile telephone or electronic device, whether through Bluetooth or other technology;
(2) 
While operating an authorized emergency vehicle in an official capacity; or
(3) 
Who is licensed by the Federal Communications Commission and who is operating a radio frequency device other than a handheld wireless communication device.
(c) 
It is an affirmative defense to prosecution under this section if the person was using a handheld wireless communication device:
(1) 
While the vehicle was legally stopped or was being operated on private property;
(2) 
Which was affixed to the vehicle, whether permanently or temporarily, and was being actively utilized as a global positioning or navigation system;
(3) 
Which was being used as a hands-free mobile telephone, whether through Bluetooth or other technology;
(4) 
To communicate with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician’s office, or a health clinic regarding a medical or other emergency situation; or
(5) 
To report illegal activity or summon emergency help.
(Ordinance 2018-11-19-04 adopted 11/19/18)
After consulting with the chief of police, the city manager is authorized and directed to have the appropriate signs posted at each point at which a state highway, U.S. highway, or interstate highway enters the city, and to in every way comply with the requirements of Texas Transportation Code section 545.425(b-2).
(Ordinance 2018-11-19-04 adopted 11/19/18)
(a) 
A person convicted of an offense under this article shall be punished by a fine of not more than five hundred dollars ($500.00) for any offense.
(b) 
An offense under this article is not a moving violation and may not be made a part of a person’s driving record or insurance record.
(Ordinance 2018-11-19-04 adopted 11/19/18)