The use of handheld electronic devices while operating a moving motor vehicle within Buda city limits has been a ticketable offense since Sept. 15, 2015, but Buda Police Department officers have yet to write drivers any citations.

From Sept. 1, 2015 to Oct. 15, 2016, the nearby Kyle Police Department issued eight citations. The San Marcos Police Department issued 53 citations between March 1, when the city’s hands-free ordinance took effect, and Oct. 15.

Buda Police Chief Bo Kidd said he suspects staffing may be one reason for the city’s lack of citations issued.

“I know those [San Marcos and Kyle] departments have traffic units that all they do is traffic enforcement,” he said.

After Buda City Council’s July 2015 vote approving the so-called “hands-free” ordinance, BPD allowed citizens a 60-day grace period in which police issued no citations for ordinance violations. Kidd said he also believes the city’s residents have made a point to follow the new law.

“The hands-free ordinance is something that all our officers are aware of,” he said. “It seems like our citizens have been compliant.”

Classified as a Class C misdemeanor, a violation of Buda’s hands-free law is punishable by a fine of $500 or less. Drivers do not face a violation if their vehicle is at a complete stop when they use a handheld device or if the device is not being physically touched by the driver as with hands-free technology, such as Bluetooth. Buda’s ordinance mirrors the one in Austin, Kidd said.

“I think [hands-free ordinances are] becoming commonplace,” he said. “I wouldn’t be surprised if in the next legislative session it becomes state law. So many cities have adopted it, [the hands-free requirement] is expected.”

In addition to the eight citations issued from Sept. 1, 2015 to Oct. 15, 2016, the Kyle Police Department also issued 24 written warnings, according to department records.

Kyle

“Although our written citations and warnings are low, my officers have conveyed to me that they give verbal warnings regularly throughout their normal duties [for violations of the hands-free law],” KPD Chief Jeff Barnett said. “I think the ordinance was a good idea, and I think it serves as a deterrent for driving distracted.”

Kyle’s ordinance took effect in September 2015, and the city honored a 60-day warning-only period to ensure citizens were given ample opportunity to be aware of the law, Barnett said.

Unlike the San Marcos and Buda city ordinances, Kyle does not allow drivers to use handheld devices while at a stoplight or stop sign or while stopped in traffic, according to the city. The use of hands-free technology, such as Bluetooth, is permitted.

“Most cities have adopted a similar ordinance,” Barnett said. “I think people are generally aware it’s illegal to be distracted by digital devices.”

A first offense in Kyle can cost $100-$500, and a second offense would cost $200-$500. The fine would rise to a maximum of $500 on the third offense.

San marcos

San Marcos was the last city on the I-35 corridor between Austin and San Antonio without a hands-free ordinance. The ordinance went into effect in February and allowed residents a one-month grace period similar to those in Kyle and Buda.

“When we were first looking at implementing this ordinance, it was during one of the periods when a bulk of the students were gone on break. We wanted to educate our locals, including students,” San Marcos Police Chief Chase Stapp said. “The intent was just to be fair with people.”

From March 1—when the ordinance began being enforced with written citations—to Oct. 15, the San Marcos Police Department issued 53 written citations, according to a public records request.

Stapp said the relatively high number of ordinance violations compared to Kyle and Buda could be attributed to San Marcos’ population, which is higher than the cities of Kyle and Buda. The student population also adds a unique factor, he said.

“Every year, we get a new crop of people that may have never been here or driven in San Marcos before,” he said.

In San Marcos, the penalty for violating the ordinance is a fine of up to $100 for a first offense, up to $250 for a second offense and up to $500 for the third and subsequent offenses.

“I’ve seen some people try to hide [their phone] in their lap,” Stapp said. “That tells me there is an awareness out there, and they’re worried about being caught.”