Item 10ACITY OF
SOUTH LAKE
MEMORANDUM
May 7, 2013
To: Shana K. Yelverton, City Manager
From: Steve Mylett, Chief of Police
Subject: Item 10A: Discuss ban on texting while driving
Background
Information: This item has been requested for further discussion by
Deputy Mayor Pro Tern Muller as well as Councilmember
Zito. From our most recent survey at least 23 Texas cities
have enacted a ban on texting while driving a motor vehicle.
A comparison of selected Texas cities is shown in
Attachment A.
A typical texting while driving ordinance bans viewing or
sending text messages while driving. In addition, many
municipalities also ban the use of cell phone applications
while operating a motor vehicle. All ordinances studied allow
a driver to use their mobile phone for texting or applications
while the vehicle is stopped.
Other provisions allow a phone to be used as a GPS device
when affixed to the vehicle, to obtain emergency assistance,
to prevent a crime and to report a traffic accident.
Ordinances commonly exempt operators of authorized
emergency vehicles from the texting while driving ban while
acting in an official capacity.
The average number of citations issued for texting while
driving per month is low in the cities surveyed. Larger cities
such as Austin and San Antonio write an average of 16
citations and 14 citations per month, respectively. Smaller
cities write anywhere between 1 to 4 citations per month.
This comparison is shown in Attachment B.
For comparison, Southlake has written 853 citations for use
of a cell phone in a school zone while driving since the
ordinance went into effect on January 6, 2009. This equates
to an average of 19 citations per month.
During the current Texas Legislative session, House Bill 63
was proposed to ban texting while driving with a fine of no
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City Council Meeting
Meeting Date — May 7, 2013
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more than $100 per occurrence. On April 18, 2013, this bill
was approved 97-45 by the State House of Representatives.
The bill is currently making its way through the State Senate.
Legislation banning texting and driving was vetoed by
Governor Perry in 2011.
Financial
Consideration: The fine amounts levied to individuals ticketed for Texting
While Driving ranges across the state from $200 to $500.
House Bill 63 proposes a fine of no more than $100.
Strategic Link: Safety and Security; C1, Achieve the highest standards of
Safety and Security; B4, Provide High Quality Customer
Service;
Citizen Input/
Board Review: N/A
Legal Review: N/A
Supporting
Documents: Attachment A: Texting While Driving Ordinance Comparison
Attachment B: Average Citations per Month Comparison
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City Council Meeting
Meeting Date — May 7, 2013
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Attachment A: Texting While Driving Ordinance Comparison
Texting While Driving Ordinance Comparison
Bans all phone
Bans viewing or
Allows phone use
Average
use without a
sending text
Bans use of
for texting or
Maximum
Number of
hands free
messages while
applications
applications while
Fine
Citations Per
device (no
wing
while driving
vehicle is stopped
Month
calls)
Austin
No
Yes
Yes
Yes
$500
16
Arlington
No
Yes
Yes
Yes
$200
4
Conroe
No
Yes
Yes
Yes
$500
1
Galveston
No
Yes
No
Yes
$500
3
Magnolia
No
Yes
No
Yes
$200
3
Missouri City
No
Yes
Yes
Yes
$500
2
San Antonio
No
Yes
Yes
Yes
$200
14
All ordinances allow a phone to be used as a GPS device as long as it is affixed to the vehicle.
All ordinances allow a phone to be used to obtain emergency assistance, to prevent a crime, or to report a traffic
hazard/incident.
All ordinances exempt operators of authorized emergency vehicles while acting in an official capacity.
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City Council Meeting
Meeting Date — May 7, 2013
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Attachment B: Average Citations per Month Comparison
Average Number of Texting While Driving Citations Per Month
18
16
16
14
12
10
8
6
14
4
4 3 3
2
2 1
0 -
Austin Arlington Conroe Galveston Magnolia Missouri City San Antonio
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