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
(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)