§ 12-1-34 - USE OF PORTABLE ELECTRONIC DEVICES WHILE OPERATING A MOTOR VEHICLE, BICYCLE, OR MICRO-MOBILITY DEVICE.
(A) In this section:
(1) portable electronic device means a hand-held mobile telephone, personal digital assistant, MP3 or other hand-held music player, electronic reading device, laptop computer, pager, broadband personal communication device, global positioning or navigation system, electronic game device, or portable computing device.
(2) use means employing a portable electronic device for any reason including, without limitation, the following activities while holding or touching the device:
(a) dialing or deactivating a phone call;
(b) speaking in or listening to a conversation;
(c) viewing, taking, or transmitting electronic images;
(d) composing, sending, viewing, accessing, browsing, retrieving, or saving email messages, text messages, or other electronic data;
(e) entering or changing information in a global positioning or navigation system or any software or application designed for navigation;
(f) accessing or viewing an internet website or computer application; or
(g) playing a game.
(3) operating a micro-mobility device or bicycle means riding while the micro-mobility device or bicycle is in motion.
(4) authorized emergency personnel means a person who is a law enforcement officer, firefighter, member of a governmental emergency medical services function, or member of a governmental emergency management function.
(B) An operator of a motor vehicle may not use a portable electronic device while the vehicle is in motion.
(C) A person may not use a portable electronic device while operating a micro-mobility device or bicycle.
(D) It is an affirmative defense to prosecution of an offense under this section if:
(1) the motor vehicle, micro-mobility device, 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 on a device, and the device is affixed to the motor vehicle, micro-mobility device, 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.
(E) This section does not apply to authorized emergency personnel who are using a portable electronic device while the personnel are acting in an official capacity.
(F) This section 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 in a commercial vehicle.
(G) To the extent that this section 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 section does not apply.
Source: Ord. 20091022-028; Ord. 20091217-090; Ord. No. 20140828-041, Pt. 1, 1-1-15; Ord. No. 20190523-059, Pt. 3, 5-3-19.