San Marcos City Council is set to consider drafting a hands-free ordinance at its meeting Sept. 15.

San Marcos is the only city on I-35 between Austin and San Antonio that does not have an ordinance banning the use of electronic devices such as cell phones by drivers while operating a motor vehicle. Buda approved such an ordinance in July, and Kyle followed Sept. 1.

The agenda item says council will consider drafting an ordinance and provide direction to staff, so the city may still opt not create a hands-free law.

San Marcos Police Chief Chase Stapp said most of the hands-free ordinances that have been adopted by other cities recently are “pretty straightforward,” but the main differences are the amount of fines that violators have to pay and whether or not a driver can use a device when their vehicle is at a stop, such as at a stoplight, or whether the vehicle must be parked.

In Buda use of electronic devices has been banned only while the vehicle is in motion. If stopped at a stop sign or stop light, use of the devices is allowed. In Kyle use of electronic devices is outlawed even when a vehicle is stopped at a stop sign or stop light.

“We’ll present some info to them, some comparative info to them about what other cities along the corridor are doing, and what the ordinances look like,” Stapp said. “I think we’ll get some direction as to which way they want to go.”

Most hands-free ordinances allow drivers to use hands-free technology such as Bluetooth systems.

Stapp said that through an interlocal agreement dating back to the '80s, Texas State University police have the ability to enforce city ordinances on campus, so a hands-free law would apply on campus if council approves one.