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:
Authorized emergency personnel.
A person who is a law enforcement officer, firefighter, member of a governmental emergency medical services, communications or utility function, or member of a governmental emergency management function.
Portable electronic device.
A handheld mobile telephone, personal digital assistant, MP3 or other handheld music player, electronic reading device, laptop computer, pager, broadband personal communication device, global positioning or navigation system, electronic game device, or portable computing device.
Use.
Employing a portable electronic device for any reason including, without limitation, the following activities while holding or touching the device:
(1) 
Dialing or deactivating a phone call;
(2) 
Speaking in or listening to a conversation;
(3) 
Viewing, taking, or transmitting electronic images;
(4) 
Composing, sending, viewing, accessing, browsing, retrieving or saving email messages, text messages or other electronic data;
(5) 
Entering or changing information in a global positioning or navigation system or any software or application designed for navigation;
(6) 
Accessing or viewing an internet website or computer application; or
(7) 
Playing a game.
(Ordinance 2015-08 adopted 7/7/15)
An operator of a motor vehicle may not use a portable electronic device while operating a motor vehicle in motion. A person may not use a portable electronic device while operating a bicycle in motion.
(Ordinance 2015-08 adopted 7/7/15)
(a) 
It is an affirmative defense to prosecution of an offense under this article if:
(1) 
The motor vehicle or bicycle is at a complete stop;
(2) 
The portable electronic device is used in a hands-free mode of operation and used to engage in telephone communication or to listen to audio transmissions;
(3) 
The portable electronic device is a global positioning or navigation device, or global positioning or navigation software is operating on a device, and the device is affixed to the motor vehicle or bicycle;
(4) 
Use of a portable electronic device is for obtaining emergency assistance to report a crime, traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed; or
(5) 
Use of a portable electronic device is in the reasonable belief that a person’s life or safety is in immediate danger.
(b) 
This article does not apply to authorized emergency personnel using a portable electronic device while acting in an official capacity.
(c) 
This article does not apply to an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a portable electronic device or an operator using a two-way radio communication device in a commercial vehicle.
(Ordinance 2015-08 adopted 7/7/15)
To the extent that this article conflicts with the 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 article does not apply.
(Ordinance 2015-08 adopted 7/7/15)
Except as otherwise provided by this article or state law, an offense under this article is a class C misdemeanor punishable by a fine not to exceed $500.00.
(Ordinance 2015-08 adopted 7/7/15)