Like Austin and San Antonio before it, Buda is prohibiting use of cellphones and other handheld devices while driving or riding a bicycle.

Buda is the first city in Hays County to enact a so-called “hands-free” ordinance. The measure passed unanimously July 7, although Council Member George Haehn, who had opposed the ordinance on first reading, was absent.

Buda Mayor Todd Ruge called the measure “common sense.” Austin began enforcing its hands-free ordinance Jan. 1.

“I think it’s good business to have it in place, and I’m sure other cities will put one in place, too,” Ruge said. “It made sense to us for that 3 miles we have on I-35 to continue it.”

Prior to voting against the measure’s first reading, Haehn said such ordinances are oversteps of government.

“I just think it’s ridiculous to sit here and just keep regulating the people,” Haehn said at the meeting in June. “At certain points in time people have to be held accountable for their own actions.”

Texas has no statewide law comprehensively banning manual use of electronic devices while driving or cycling. However, motorists who are younger than 18 can face penalties, according to state law.

Distracted driving on the rise

In absence of state regulation, more than 40 cities throughout Texas have enacted texting-while-driving bans and similar laws to address the growing problem of distracted driving.

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According to the Texas Department of Transportation, distracted driving caused nearly one in five vehicle accidents in 2014. The 100,825 crashes caused by distracted driving represented a
6 percent increase from 2013.

A House bill that would have banned texting while driving died before reaching the Senate floor during the 84th Legislative session, which ended June 1. State Sen. Judith Zaffirini, D-Laredo, whose district covers parts of Hays County, sponsored the bill in the Senate.

“I thought that given the press it had received, that [House Bill 80, the bill that would have banned texting while driving,] was a slam dunk, and it would be across the state,” Ruge said.

‘The goal is compliance’

Buda Police Chief Bo Kidd said the city’s police force will not begin enforcing the ban until mid-September at the earliest.

“Other cities are recognizing the need for those ordinances,” Kidd said. “Use of those devices and driving is causing accidents. I think it’s a good thing, and the approach the city has taken is one of first education. Hopefully we get the word out and in doing so avoid some accidents and people getting hurt.”

Use of handheld devices is permitted as long as the device is not being touched by the driver, so hands-free technology, such as a Bluetooth microphone and speakers, is allowed under the new law.

Drivers will also not face a fine if their vehicles are at a complete stop when a handheld device is used.

A Class C misdemeanor, the crime is punishable by a fine of $500 or less.

“We will hit every mechanism we can to notify the public,” Kidd said. “The goal is not to cite people; the goal is compliance. We’ll do everything we can to educate.”

Signs have been posted at major intersections throughout the city alerting motorists to the new law.

“Other cities are recognizing the need for those ordinances. Use of those devices and driving is causing accidents. I think it’s a good thing, and the approach the city has taken is one of first education. Hopefully we get the word out and in doing so avoid some accidents and people getting hurt.”

–Buda Police Chief Bo Kidd

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Samantha Gonzales, a San Antonio resident who works along the I-35 corridor between San Antonio and Austin, said she abides by the ordinance in San Antonio using her car’s Bluetooth wireless technology. But the ordinance in San Antonio has its critics, she said.

“I have heard a lot of complaints about it,” Gonzales said. “People are mad. They think that it’s just a way for the city to make money as opposed to really trying to make it safer. I kind of disagree. I think it’s much safer.”

She said, however, that the $500 maximum fine is too steep. According to TxDOT, fines for violating cell phone ordinances in various Texas cities range from $200 to $500.

Ruge said the fine is consistent with others enforced in the city.

“That’s why we have a municipal judge,” he said. “The judge will obviously weigh the evidence [in each case]. … I think that’s a fair number and is in line with every other ordinance we have done in the city.”

Representatives for the cities of Kyle and San Marcos said those cities do not have similar laws on the books, and such ordinances have not been looked into.

Ruge said the ordinance could help save lives.

“I don’t want that time to come when it’s my loved one on the other end [of a distracted-driving accident],” Ruge said. “I think this is a proactive measure. It seems to be working well in Austin.”