San Marcos City Council approved the second reading of an ordinance Nov. 17 to ban the use of portable electronic devices to engage in a phone call or send, read or write a text message while operating a moving motor vehicle in the city.
The city was the only municipality between Austin and San Antonio without a distracted driving ordinance, council members said.
Enforcement of the ordinance will begin on Feb. 1, but drivers will receive warnings from San Marcos police officers through Feb. 29. On March 1, drivers will be fined for violation of the law. Drivers will be assessed a fine up to $100 for the first violation, a $250 fine for the second violation and a $500 fine for each additional violation.
Council members John Thomaides and Scott Gregson said they thought enforcing the ordinance beginning Feb. 1 was too soon for students returning from the holiday break in mid-January.
Thomaides said allowing police to pull over a driver during the Feb. 1-Feb. 29 warning period could still lead to a citation for something else, such as an outstanding
ticket.
“My intent is not to put anybody in jail if they have an outstanding ticket,” Council Member Lisa Prewitt said. “It’s to help educate people who might be on their phone, who may not have seen the billboard, who may not have gotten the memo that if they are on their phone they can get a verbal warning.”
Making phone calls using hands-free functions and using navigation devices that are attached to the vehicle are allowed under the new ordinance.