§ 46-133. Use while operating prohibited.

(a)

Except as otherwise provided in subsections (a)(1) and (2) of this section, it shall be unlawful for a person to use a wireless communication device while driving or operating a motor vehicle within a school crossing zone, as defined by section 541.302 of the transportation code, 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 article that use of the wireless communication device was for the sole purpose of communicating with any of the following regarding an emergency situation:

(1)

An emergency response service, including a rescue, emergency medical, or hazardous material response service;

(2)

A hospital, a medical doctor's office, a health clinic;

(3)

Any law enforcement, 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 employment as such; or

(4)

A sign that advises of the prohibition and potential fine of this article has been posted at the entrance to the school crossing zone at the time of the offense.

(c)

This article does not apply to:

(1)

An operator of an authorized emergency vehicle while acting in an official capacity; or

(2)

An operator licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.

(Code 2004, art. 10.401; Ord. No. 481, § 1, 10-12-2009)