This article is adopted pursuant to the provisions of Section 545.425 and Section 545.4252 of the Texas Transportation Code, V.A.T.S., as amended. This article shall be interpreted and enforced in a manner consistent with state law.
(Ordinance 567-15, sec. 2, adopted 7/21/15)
When used in this article, the following words and terms shall have the meaning ascribed thereto:
Hands-free device
means speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether it is permanently installed in the motor vehicle, that allows use of the wireless communication device without the use of either of the operator’s hands.
Wireless communication device
means a device that uses a commercial mobile service, as defined by 47 U.S.C. Section 332.
(Ordinance 567-15, sec. 2, adopted 7/21/15)
(a) 
An operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, unless:
(1) 
The vehicle is stopped; or
(2) 
The wireless communication device is used with a hands-free device.
(b) 
It is an affirmative defense to prosecution of an offense under this section that:
(1) 
The wireless communication device was used to make an emergency call to:
(A) 
An emergency response service, including a rescue, emergency medical, or hazardous material response service;
(B) 
A hospital;
(C) 
A fire department;
(D) 
A health clinic;
(E) 
A medical doctor’s office;
(F) 
An individual to administer first aid treatment; or
(G) 
A police department.
(c) 
A sign required by Tex. Trans. Code sec. 545.425(b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone. This affirmative defense is not available for an offense under subsection (a) committed in a school crossing zone located in a municipality, county, or other political subdivision that is in compliance with Tex. Trans. Code sec. 545.425(b-2).
(d) 
This section does not apply to an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity or to an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.
(Ordinance 567-15, sec. 2, adopted 7/21/15)
(a) 
An operator may not use a wireless communication device while operating a motor vehicle on the property of a public elementary, middle, junior high, or high school for which a local authority has designated a school crossing zone, during the time a reduced speed limit is in effect for the school crossing zone, unless:
(1) 
The vehicle is stopped; or
(2) 
The wireless communication device is used with a hands-free device; or
(3) 
The operator is using a wireless communication device while operating a passenger bus, with a minor passenger on the bus, and the passenger bus is stopped.
(b) 
It is an affirmative defense to prosecution of an offense under this section that the wireless communication device was used to make an emergency call to:
(1) 
An emergency response service, including a rescue, emergency medical, or hazardous material response service;
(2) 
A hospital;
(3) 
A fire department;
(4) 
A health clinic;
(5) 
A medical doctor’s office;
(6) 
An individual to administer first aid treatment; or
(7) 
A police department; or
(c) 
This section does not apply to an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity or to an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.
(Ordinance 567-15, sec. 2, adopted 7/21/15)
Violations of sections 12.06.004 and 12.06.005 shall be a class C misdemeanor punished by a fine of not less than $1.00 or more than $200.00.
(Ordinance 567-15, sec. 2, adopted 7/21/15; Ordinance 777-23 adopted 1/26/2023)