The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Speakerphone capability, telephone attachment, or another
function or other piece of equipment installed in or on a wireless
communication device that allows the use of a handheld wireless communication
device without the use of the operator’s hand(s), except to
activate or deactivate a function of the handheld electronic device
or hands-free device.
Any handheld wireless communication device, laptop computer,
tablet, media player, handheld gaming device, or any electronic device
capable of displaying text-based communications, games, pictures,
or video.
Shall have the meaning set forth in V.T.C.A. Transportation
Code, § 541.201(23).
(Ordinance 2018-07 adopted 3/13/18)
(a)
A person may not hold or use a portable electronic device for any
purpose while operating a motor vehicle upon any public street or
highway within the city.
(b)
In this section, use of a portable electronic device includes, but
is not limited to:
(1)
Viewing the display screen of a portable electronic device;
(2)
Holding a portable electronic device in a position to talk into or
listen on; or
(3)
Manipulating a portable electronic device by interacting with its
display screen or pushing any button to enter text, dial numbers,
or to engage in any other function.
(c)
The culpable mental state required by Texas Penal Code, section 6.02,
is specifically negated and dispensed with and a violation under this
section is a strict liability offense.
(Ordinance 2018-07 adopted 3/13/18)
It is a defense to prosecution under this article if the portable
electronic device is used:
(1)
While the vehicle is stopped, out of the moving lanes of the roadway;
(2)
As a global positioning or other navigation system that is affixed
to the vehicle;
(3)
Solely as a hands-free device;
(4)
To obtain emergency assistance at a traffic accident;
(5)
To communicate with an emergency response service, fire department,
police department, hospital, health clinic, or physician’s office
in an attempt to prevent injury to person or property; or
(6)
To communicate with reasonable belief a person’s life or safety
is in immediate danger.
(7)
By a law enforcement officer, firefighter, or other emergency services
officer charged with protecting the public safety.
(Ordinance 2018-07 adopted 3/13/18)
