§ 10-9-15. Use of wireless communication devices.

(A)

As used in this Section:

(1)

Application software means an electronic program, or set of electronic programs, designed to permit a person to perform a function, task, or activity.

(2)

Electronic message means a text-based, symbol-based, or photograph-based communication that is composed on, transmitted by, or received by a wireless communication device.

(3)

Hands-free device means speaker-phone capability, or a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a motor vehicle, that allows the use of the wireless communication device without use of either the operator's hands, except to activate or deactivate a function of the wireless communication device or hands-free device.

(4)

Wireless communication device has the meaning assigned in Section 545.425 of the Texas Transportation Code, as amended, as well as an electronic messaging device that is designed to receive and transmit voice communication, text or pictorial communication, or both, whether by internet or other electronic means, including but not limited to a mobile telephone, a tablet computer, a laptop computer, and a personal digital assistant (PDA).

(B)

A driver of a motor vehicle, other than an operator of an authorized emergency vehicle acting within the scope of his or her official capacity, shall not use a wireless communication device to view, send, or compose an electronic message, or engage other application software while operating a motor vehicle on a public roadway.

(C)

It is an affirmative defense to prosecution of an offense under this Section that the wireless communications device was used:

(1)

While the vehicle was completely stopped at a location other than in a traffic lane on a public roadway;

(2)

Strictly to engage in a telephone conversation, including dialing or deactivating the call;

(3)

Solely as a global positioning or navigation system;

(4)

To contact police, fire, or emergency medical personnel in order to report a traffic accident, medical emergency, serious traffic hazard, or crime in progress, or to prevent a crime that the driver reasonably believed was about to be committed;

(5)

In the reasonable belief that a person's life or safety was in immediate danger;

(6)

If the device was permanently installed inside the vehicle; or

(7)

In conjunction with voice-operated technology, a push-to-talk function, or a hands-free device.

(D)

A peace officer who stops a motor vehicle for an alleged violation of this Section may not take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless authorized by the Code of Criminal Procedure, the Penal Code, or other law.

(E)

To the extent that this Section conflicts with any provision of the Texas Transportation Code regarding the use of wireless communication devices or hand-held mobile telephones, this Section does not apply.

(F)

Evidence of a culpable mental state is not required to prove a criminal offense under this Section. It is hereby declared that, for an offense under this Section, the culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and clearly dispensed with.

(G)

A person who violates a provision of this Section shall be guilty of a misdemeanor and fined in a sum not to exceed $500.00.

( Ord. No. 9456, § 1, 8-11-15 )