Hands-Free Ordinance

1. Hands Free Ordinance
Assistant Chief Brandy Norris
College Station Police Department
February 27, 2020

2. Transportation Code Section 545.4251
• Effective September 1, 2017
• Efforts to completely preempt City ordinances as it relates
to use of WCD’s failed in the Special Session – cities can
still enact hands free ordinances, but the defenses allowed
related to texting and driving in the state law still apply
• Does not allow an officers to inspect any device.
• Requires signage to be posted at each point at which a
State highway, U.S. highway or interstate highway enters
the jurisdiction of the local authority

3. Comparison
City Ordinance-Sec 38-19 State Law-Trans. Code
§545.4251 (Texting Only)
1. Prohibited
Conduct
Requires any operator of a
motor vehicle or a bicycle on a
public roadway or highway to
be hands free unless at a
complete stop.
Only prohibits reading, writing or
sending of electronic messages
unless at a complete stop.
2. Fine Amount $25 - $500 $25-$99 for 1st offense & $100-
$200 for 2nd offense
3.Affirmative
Defenses
Complete Stop, Hands Free,
Mounted GPS use,
Emergency use, Music
(new ordinance can not
conflict with state law)
Hands Free, GPS use, Emergency
or traffic or road condition use,
Music use

4. Total Budgetary Impact
• Cost to purchase and install new signs to meet state
law requirement - $29,400
• Cost to purchase and install signs at every entrance
to the city - $84,000