There is adopted as a part of this chapter all of the provisions of Texas Revised Civil Statutes, article 6701d, insofar as applicable.
Editor’s note–Since adoption of this provision, the regulations contained in the Uniform Act Regulating Traffic on Highways (V.T.C.S., article 6701d) have been recodified and are now located in V.T.C.A., Transportation Code.
(1967 Code, sec. 18-7; 1994 Code, sec. 70.01)
In addition to the definitions set forth below, this chapter adopts all of the definitions of the state law as set out in Texas Transportation Code. For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Alley.
Any street herein defined having no legal or official name other than “alley,” of 20 feet or less in width.
Authorized emergency vehicle.
Vehicles of the fire department (fire patrol), police vehicles, public and private ambulances for which permits have been issued by the state board of health, and emergency vehicles of municipal departments or public service corporations as are designated by the city council.
Bicycle.
Any device propelled by human power upon which any person or persons may ride, having at least two tandem wheels either of which is 18 inches or over in diameter and including any device generally recognized as a bicycle though equipped with two front and two rear wheels.
Bus.
Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle other than a taxicab designed and used for the transportation of persons for compensation.
Crosswalk.
That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway, and any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surfaces.
Curb.
The edge of the roadway, marked or understood.
Driver.
Every person who drives or is in actual physical control of a vehicle.
Highway.
See “Street.”
Intersection.
The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines, of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; and where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of the highways shall be regarded as a separate intersection.
Legal holiday.
January 1 (New Year’s Day), July 4 (Independence Day), Labor Day, Thanksgiving Day (as designated by the city council), and December 25 (Christmas Day).
Limited access and controlled access highway.
Every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street, or roadway.
Loading zones.
Spaces adjacent to a curb for the exclusive use of vehicles during the loading and unloading of freight or passengers.
Negligence.
The want of such care and caution as a person of ordinary prudence would use under like or similar circumstances. Negligence shall be prima facie presumed from the fact of the collision.
One-way street.
Any street or highway on which traffic is restricted to movement in one direction only.
Operator.
Any person in control of a vehicle including vehicles being towed or a railroad train. An engineer shall be presumed prima facie to be in control of a railroad train.
Parking.
The standing of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in loading or unloading merchandise or passengers. Double parking is the parking of a vehicle alongside any vehicle which is parallel parked, and behind any vehicle which is parked head-in, or alongside any curb or edge of a roadway where the wheels nearest the curb or edge of the roadway are more than 18 inches from the curb or edge of the roadway.
Parkway.
That portion of a street or highway between the curb lines or the lateral lines of a roadway, and the adjacent property lines, not intended for the use of pedestrians; also, the intervening space between the roadways of a divided street or highway, or any island or area, whether or not clearly defined by curbs or markings, which divides any portion of any street, highway, or intersection into separate lanes for vehicular traffic.
Police officer.
Every officer of the police department or any officer authorized to direct or regulate traffic or to make arrests for violation of traffic regulations.
Railroad sign or signal.
Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach or possibility of approach of a railroad train.
Stop.
When required, means complete cessation of movement.
Stopping.
When prohibited, means any stopping of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
Street.
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, except an alley as defined in this section.
(1967 Code, sec. 18-1; 1994 Code, sec. 70.02; Ordinance adopting 2021 Code)
Whoever violates any provisions of this chapter for which another penalty is not herein provided shall be subject to the penalty provisions of section 1.01.009.
(1994 Code, sec. 70.99)
It shall be the duty of the officers of the police department, or such officers as are assigned by the chief of police, to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in the city.
(1967 Code, sec. 18-2; 1994 Code, sec. 70.03)
Officers of the police department, or such officers as are assigned by the chief of police, are authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws; provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police or fire department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.
(1967 Code, sec. 18-3; 1994 Code, sec. 70.05)
The chief of police by and with the approval of the city is empowered to invoke regulations necessary to make effective the provisions of the traffic ordinances of the city and to make and enforce temporary regulations to cover emergencies or special conditions. The city is empowered to make experimental regulations. No such temporary or experimental regulations shall remain in effect more than 90 days.
(1967 Code, sec. 18-5; 1994 Code, sec. 70.07; Ordinance adopting 2021 Code)
The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, the state, the county, or the city, and it shall be unlawful for any driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter or by state statute.
(1967 Code, sec. 18-11; 1994 Code, sec. 70.12)
(a) 
The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in subsection (b) of this section, but subject to the conditions herein stated.
(b) 
Subject to the provisions of V.T.C.A., Transportation Code, section 546.001, the driver of an authorized emergency vehicle may:
(1) 
Park or stand, irrespective of the provisions of this chapter;
(2) 
Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) 
Exceed the prima facie speed limits so long as it does not endanger life or property; and
(4) 
Disregard regulations governing direction of movement or turning in specified directions.
(1967 Code, secs. 18-12, 18-13; 1994 Code, sec. 70.13)
(a) 
Immediate notice required.
The driver of a vehicle involved in an accident occurring within the city and resulting in injury to or death of any person or property damage to an apparent extent of $25.00 or more shall immediately by the quickest means of communication give notice of the accident to the police department.
(b) 
Notice by occupant of vehicle when driver unable to report.
Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in subsection (a) of this section and there was another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall give, or cause to be given, the notice not given by the driver.
(1967 Code, secs. 18-17, 18-18; 1994 Code, sec. 70.14)
(a) 
For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Engaging in a call.
Talking into, dialing or listening on a mobile telephone, but shall not include holding a mobile telephone to activate or deactivate such telephone.
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 part of such mobile telephone, or is a part of the motor vehicle, by which the user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person), whether or not the use of either hand (or prosthetic device) is necessary to activate, deactivate or initiate a function of such telephone.
Mobile communication device.
A text-messaging device or other electronic, two-way communication device that is designed to receive and transmit voice communication, text communication, or both. This term includes a mobile telephone and a personal digital assistant.
Mobile telephone.
The device, including personal digital assistants, used by subscribers and other users of wireless telephone service to access such service for purposes of engaging in a call, text-messaging, e-mailing or any other activity users are enabled to perform on or by such device.
Personal digital assistant.
A device operated using a wireless telecommunications service that provides for data communication other than by voice, but may include voice service.
School zone.
A school traffic zone as designated.
Text message.
A two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. This term does not include a communication transmitted through a global positioning or navigation system.
Wireless telephone service.
Two-way real time voice telecommunications service that is interconnected to a public switched telephone network and commonly referred to as a cellular service or personal communications service.
(b) 
Except as otherwise provided below, it shall be unlawful for a person to use a mobile telephone to engage in a call or use a mobile communication device to send, read or write a text message, while driving or operating a motor vehicle or while a motor vehicle is stopped in a school zone, as designated pursuant to this section, on official school days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting mobile telephone use are posted in place.
(c) 
An operator of a motor vehicle that is moving or stopped, who uses a mobile telephone, is presumed to be engaging in a call within the meaning of this section.
(d) 
Subsection (b) shall not apply to:
(1) 
The use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator, a hospital, a physician’s office or health clinic, or a public safety department.
(2) 
Any law enforcement [officer], police officer, emergency services official, first aid, emergency medical technicians and personnel, or any fire safety official in the performance of duties arising out of and in the course of his or her employment as such.
(3) 
The use of a mobile communication device while parked in a school zone.
(4) 
The use of a hands-free mobile telephone when being used in a hands-free manner.
(e) 
The violation of this section is a strict liability offense.
(f) 
Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the city, may be fined in the amount in accordance with the general penalty provided in section 1.01.009 of this code for each offense.
(Ordinance 10-08 adopted 9/16/10; 1994 Code, sec. 70.16; Ordinance adopting 2021 Code)
No person upon roller skates or riding in or by means of any coaster, toy vehicle, or similar device shall go upon any roadway designated as a “through street” except while crossing the street on a crosswalk, and when so crossing, the person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.
(1967 Code, sec. 18-10; 1994 Code, sec. 70.11)
It shall be unlawful to ride a bicycle on the sidewalk in front of any business establishment in the city.
(1967 Code, sec. 20-2; Ordinance 47 adopted –/–/–; 1994 Code, sec. 73.01)
Every bicycle upon a street at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the street at a distance of 500 feet ahead shall be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of 500 feet to the front of the bicycle and a red lamp or reflector visible from a distance of 500 feet to the rear of the bicycle.
(1967 Code, sec. 20-2.1; 1994 Code, sec. 73.02)