§ 82.011. Prohibition against the use of portable electronic devices.

(a)

An operator of a motor vehicle may not use a portable electronic device while operating a motor vehicle in motion.

(b)

A person may not use a portable electronic device while operating a bicycle in motion.

(c)

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.

(d)

Evidence that a police officer observed a person holding a portable electronic device while operating a motor vehicle or bicycle in motion creates a presumption that a person used a portable electronic device in violation of this section.

(e)

This article does not apply to authorized emergency personnel using a portable electronic device while acting in an official capacity.

(f)

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.

(g)

To the extent that this article conflicts with the V.T.C.A., Transportation Code § 545.424, regarding the use of wireless communication devices while operating a motor vehicle by minors, or V.T.C.A., Transportation Code § 545.425, regarding the use of wireless communication devices in school crossing zones, this article does not apply.

(h)

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 $100.00 for the first offense, $250.00 for the second offense and $500.00 for the third and subsequent offenses.

( Ord. No. 2015-50, § 2, 11-17-15 )