In an effort to maintain Sugar Land, Texas as one of the Safest Cities in America, the Hands Free Ordinance, namely Ordinance No. 2080, was adopted by City Council on February 23, 2017. The primary focus of Ordinance No. 2080 is to reduce distracted driving by making it unlawful to use a mobile handheld device while driving, with the exception of making an emergency call.
During the ordinance development process, Police Department staff conducted various informational workshops and online & on-site town hall meetings in an effort to develop an ordinance promoting the safety and welfare of the general public.
Concurrent with the development and implementation of Ordinance No. 2080, several legislative bills regarding the use of portable electronic devices while driving were filed. The proposed bills prohibited texting while driving, while granting local municipalities the authority to implement stricter regulations if needed.
In Spring 2017 during the 85th Legislative session, a “No Texting While Driving” (House Bill 62) Texas state law was passed and made effective on September 1, 2017.
In summary, House Bill 62 states that it is an offense, if the operator of a motor vehicle uses a portable wireless communication device to read, write, or send an electronic message. It is a defense to prosecution, if the operator of a motor vehicle uses the electronic device in a hands free mode, uses it for navigation, to report illegal activity, to summon emergency help, to enter information into a traffic application, to read a message the operator thought may have been an emergency, or to activate a function to play music.
In conclusion, House Bill 62 preempts all local ordinances, rules, or other regulations adopted by a political subdivision relating to the use of a portable wireless communication device. Per House Bill 62, the operator of a motor vehicle is allowed to have a portable electronic device in-hand while driving.
Sugar Land Police Department concurs that City Ordinance No. 2080 is no longer enforceable and requests to repeal City Ordinance No. 2080 and approve City Ordinance No. 2108.