HomeMy WebLinkAbout01/09/2020 - Workshop Agenda Packet - City CouncilCollege Station, TX
Meeting Agenda
City Council Workshop Meeting
1101 Texas Ave, College Station, TX 77840
January 9, 2020 4:00 PM City Hall Council Chambers
College Station, TX Page 1
1.Call meeting to order.
2.Executive Session is closed to the public and will be held in the Administrative
Conference Room.
The open meeting will resume no earlier than 5:00 pm.
Consultation with Attorney {Gov’t Code Section 551.071};
Possible action. The City Council may seek advice from its attorney regarding a pending or
contemplated litigation subject or settlement offer or attorneyclient privileged information. Litigation
is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which
needs to be discussed with the City Council. Upon occasion the City Council may need information
from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or
attorneyclient privileged information. After executive session discussion, any final action or vote
taken will be in public. The following subject(s) may be discussed.
Litigation
a. Kathryn A. SteverHarper as Executrix for the Estate of John Wesley Harper v. City of College
Station and Judy Meeks; No. 15,977PC in the County Court No. 1, Brazos County, Texas
b. McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17
000914CV361; In the 361st District Court, Brazos County, Texas
c. City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of
Susan M. Wood, Deceased; Cause No. 17002742CV361; In the 361st District Court,
Brazos County, Texas
d. Carrie McIver v. City of College Station; Cause No. 18003271CV85; In the 85th District Court,
Brazos County, Texas
Personnel {Gov’t Code Section 551.074};
Possible action. The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion,
any final action or vote taken will be in public. The following public officer(s) may be discussed:
a.Construction Board of Adjustments
b. Design Review Board
c. Parks and Recreation Board
d. Planning and Zoning Commission
e. Zoning Board of Adjustments
f. SelfEvaluation
g. City Secretary
h. City Manager
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City Council City Council Workshop Meeting
Page 2 January 9, 2020
3.Reconvene from Executive Session and take action, if any.
4.Presentation, discussion, and possible action on items listed on the consent agenda.
5.Workshop Agenda
Speaker Protocol: An individual who wishes to address the City Council regarding any item on the
Workshop Agenda other than those items posted for Executive Session shall register with the City
Secretary prior to the meeting being called to order. Registration forms are available in the Office of
the City Secretary. Upon stepping to the podium the speaker must state their name and city of
residence, including the state of residence if the city is located out of state. Speakers are
encouraged to identify their College Station neighborhood or geographic location. An individual
speaking on a Consent Agenda item on the Workshop agenda may not speak on that item at the
Regular Meeting on the same day. Each speaker’s remarks are limited to three (3) minutes. An
individual speaking on multiple Consent Agenda items must speak on all items when the speaker is
called to the podium. An individual speaking on multiple Consent Agenda items will have three (3)
minutes to speak on the first item and one (1) additional minute to speak per each additional item
regardless of the number of items they wish to address. Any speaker addressing the Council through
the use of a translator may speak for six (6) minutes and in the case of Consent Agenda items an
additional two (2) minutes per item. An individual may speak for ten (10) minutes on behalf of a
group of five (5) or more. The five (5) or more individuals must sign the registration form and must be
present when the speaker is introduced. Those signing may not speak individually. A speaker who
wishes to include computerbased information while addressing the Council must provide the
electronic file to the City Secretary by noon on the day of the Council meeting. During each
speaker’s remarks a timer light will change from green to yellow when there is thirty seconds
remaining. The speaker must conclude their remarks when the timer light changes from yellow to
red.
5.1. Presentation, discussion, and possible action regarding a report from Experience Bryan
College Station addressing FY19 accomplishments and strategies to increase tourism in the
region.
Sponsors: Jeff Kersten
Attachments: None
5.2.Presentation, discussion, and possible action on regulating the use of wireless communication
devices.
Sponsors:Brandy Norris
Attachments:1.2017 College Station Ordinance Survey
2.2019 WCD Update College Station Survey
6.Council Calendar Council may discuss upcoming events.
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City Council City Council Workshop Meeting
Page 3 January 9, 2020
7.Discussion, review, and possible action regarding the following meetings:
Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit
Committee, Bicycle, Pedestrian, and Greenways Advisory Board, BioCorridor Board of Adjustments,
Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic
Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance
Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Comprehensive Plan
Evaluation Committee, Experience BryanCollege Station, Design Review Board, Economic
Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee,
Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review
Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and
Recreation Board, Planning and Zoning Commission, Research Valley Technology Council,
Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring
Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student
Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments,
(Notice of Agendas posted on City Hall bulletin board.)
8.Adjourn.
The City council may adjourn into Executive Session to consider any item listed on the the agenda if a
matter is raised that is appropriate for Executive Session discussion.
I certify that the above Notice of Meeting was posted at City Hall, 1101 Texas Avenue, College Station,
Texas, on January 3, 2020 at 5:00 p.m.
City Secretary
This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting
and who may need accommodations, auxiliary aids, or services such as interpreters,
readers, or large print are asked to contact the City Secretary’s Office at (979) 7643541, TDD
at 18007352989, or email adaassistance@cstx.gov at least two business days prior to the
meeting so that appropriate arrangements can be made. If the City does not receive
notification at least two business days prior to the meeting, the City will make a reasonable
attempt to provide the necessary accommodations.
Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun.
"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."Codigo
Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia.
“Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al
aire libre con licencia), personas con licencia bajo del SubCapitulo H, Capitulo
Page 3 of 23
City Council City Council Workshop Meeting
Page 4 January 9, 2020
411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta
propiedad portando arma de mano al aire libre.”
Page 4 of 23
January 9, 2020
Item No. 5.1.
Experience Bryan College Station Presentation
Sponsor:Jeff Kersten, Assistant City Manager
Reviewed By CBC:City Council
Agenda Caption:Presentation, discussion, and possible action regarding a report from Experience
Bryan College Station addressing FY19 accomplishments and strategies to increase tourism in the
region.
Relationship to Strategic Goals:
Financial Sustainability
Diverse & Growing Economy
Recommendation(s): Staff recommends Council receive presentation and provide direction as
desired.
Summary: The Council has requested information related to utilizing Hotel Occupancy Tax revenues
to address occupancy rates in College Station hotels. Kindra Fry, President/CEO of Experience BCS,
will provide a summary of 2019 activities and include a look into plans for 2020.
Budget & Financial Summary: N/A
Reviewed & Approved by Legal: No
Attachments:
None
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January 9, 2020
Item No. 5.2.
Hands Free Ordinance
Sponsor:Brandy Norris, Assistant Chief of Police
Reviewed By CBC:City Council
Agenda Caption:Presentation, discussion, and possible action on regulating the use of wireless
communication devices.
Relationship to Strategic Goals:
Good Governance
Improving Mobility
Recommendation(s): Staff recommends Council receive the presentation and provide direction as
desired.
Summary: Driver inattention while using wireless communication devices is a public safety concern.
The State Legislature has passed a State law regarding the use of these devices while driving, but it
allows for drivers to change their music, use their GPS or send or receive emergency messages. City
ordinance cannot preempt state law, but an ordinance can be implemented that require hands free
use to talk on devices.
Budget & Financial Summary: Depending on direction, $29,400 - $84,000
Reviewed & Approved by Legal: No
Attachments:
1.2017 College Station Ordinance Survey
2.2019 WCD Update - College Station Survey
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Prepared by
Katie N. Womack
Neal A. Johnson
Center for Transportation Safety
February 2017
Survey of Wireless Communication Device Use in
College Station, Texas
Report Number Goes Here
A Member of The Texas A&M University System
Research. Service. Results.
Page 7 of 23
SURVEY OF WIRELESS COMMUNICATION DEVICE USE
IN COLLEGE STATION, TEXAS
BACKGROUND
An observational survey of wireless communication device (WCD) use was conducted by
staff of the Center for Transportation Safety, Texas A&M Transportation Institute, after passage
of a College Station city ordinance banning the use of hand held WCD’s while driving a vehicle
or bicycle. The objective of the survey was to measure differences in actual observed WCD
device use while operating a vehicle in the city of College Station from before the ordinance
effective date to after. The ordinance was passed on August 11, 2016 and became effective on
November 9, 2016. The pre-ordinance surveys were completed in early September 2016 and
the post ordinance surveys in late November and early December 2016.
THE ORDINANCE
The ordinance states that use of a WCD (such as a mobile phone, tablet, GPS device,
etc.) while driving a motor vehicle or bicycle is a violation of the city’s traffic code. There are
exceptions for hands-free devices such as use of a speakerphone, or Bluetooth device, or any
other piece of equipment that the operator can access without using either of their hands.
Other exceptions include: using a hand-held device while at a complete stop, using a navigation
device that is affixed to the vehicle, and those using the device for emergency services such as
reporting a crime, traffic incident or medical emergency. This ordinance does not apply to
operators licensed by the Federal Communication Commission to operate a radio frequency
device, and authorized emergency personnel acting in an official capacity. In terms of
enforcement of the ordinance, a police officer’s visual observation of a vehicle operator holding
a WCD creates a presumption that that person did violate the ordinance. (Full text of the
ordinance is provided as Appendix A.)
ENFORCEMENT
The city of College Station and the College Station Police Department began publicizing
the ordinance immediately upon its passage. The Eagle, a local community newspaper,
published an article on the new ordinance on August 12th, the day after it was passed (Clark,
2016). Reporters talked to the College Station Police Department (CSPD) to get clarification on
the ordinance and how it would be enforced. The CSPD informed the public that once the
ordinance became effective on November 9th, 2016, warnings would initially be given. The
objective, according to CSPD, was voluntary compliance but their spokesperson also
emphasized that having a consequence attached to the use of these devices might make people
recognize the dangers of using these devices while driving. The initial grace period for issuance
of warning citations was left open and CSPD said that no public announcement would be made
when this period would be ending (Kamenicky, 2016). Local news station KBTX also covered the
new ordinance extensively, including interviews with CSPD, community groups that supported
the ordinance, and local residents. The city of College Station also used social media to
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disseminate information via Twitter and Facebook starting the day the ordinance was passed.
The 12th Man Foundation (2016) also sent out information and retweeted information from the
city of College Station (2016) on Twitter to inform people of the new ordinance who would be
coming to College Station for home football games at Kyle Field on the Texas A&M University
campus.
As of November 16th, one week after the ordinance took effect, 29 warnings had been
issued by CSPD (Falls, 2016). Police Chief Scott McCollum said he had already seen a decrease in
distracted driving one week in and continued to emphasize their goal of voluntary compliance
by the driving public. In an Eagle article on January 1st, 2017 the City of College Station said they
had seen a great deal of “self-policing” with people changing their behavior to conform to the
new ordinance (Fiedler, 2017). As of January 1st the number of warnings given was 140. Of
these 140 warnings, 65% of the drivers were not from College Station or neighboring Bryan.
While it is unclear exactly when CSPD started issuing citations, on March 8th, 2017 the City of
College Station sent out a message via Twitter saying that 241 warnings and 66 citations had
been issued under the ordinance (2017).
SURVEY DESIGN
The TTI survey was a curbside traffic observation survey, which included observation of
talking, manipulating (texting or touching), reading and holding any type of WCD. Observations
were conducted in College Station and the neighboring city of Bryan, which does not have a
WCD use ordinance, for use as a comparison city. For site selection each city was mapped into
12 section grids, and a survey location was selected at relatively high volume intersections in
each of the 12 sections. Each site had two observation points – one for stopped traffic at the
intersection and one for moving traffic approaching or after departure from the intersection,
because the ordinance specifically excludes vehicles that are at a complete stop. Additionally,
because of the exclusion for WCD’s affixed to the vehicle, surveyors also noted the presence of
a device affixed to the vehicle and use of the affixed device by the driver. This allowed TTI to
measure differences in behavior between stopped and moving vehicle operators and changes
in the number of affixed devices from pre to post-ordinance. The sample size was 200
passenger vehicles covered by the ordinance per site, 100 moving and 100 stopped.
Motorcycle and bicycle WCD uses were also recorded; however, TTI conducted a
separate survey of bicycle wireless communication device use targeted at heavily traveled bike
routes with bike lanes.
The data collection protocol is provided as Appendix B. Observations of driver
demographics (estimated age and gender) and vehicle characteristics (passenger vehicle or
motorcycle) were noted for those engaged in WCD use as well as the type of device use (talking
or texting). Drivers estimated to be 18 years or older were included in the survey, as
subjectively estimated by observers following a protocol and trained to estimate age. Drivers
under the age of 18 are governed by Graduated Driver Licensing (GDL) laws that restrict them
from using any wireless communication device (including hands-free) until they reach the age
Page 9 of 23
of 18. The age categories represent three driver groups of young adults (those under the age of
25), adults, and seniors (those 65 and over). Vehicles in which no device use was observed
were counted using hand-held traffic counters. No demographic data (gender or age category)
was recorded for non-users.
PRE-ORDINANCE WCD USE
Of the 2400 passenger vehicles observed in the city of College Station, 280 drivers
(11.7%) were engaged in WCD use while driving. Specifically, 7.1% were texting on a cell
phone, 4.4% were talking, and .2% (or 5 drivers) were doing both. Note that these percentages
strictly reflect observations of drivers in the act of using a WCD. The ordinance includes
‘holding’ a WCD as a citable offense. When drivers ‘holding’ a WCD were added to the analysis,
the number of ‘users’ rose to 350, or 14.6% of all drivers observed.
Use rates differed for stopped vehicle drivers and moving vehicle drivers. In the 1201
moving vehicles, 100 drivers, or 8.3% of the total were observed using a WCD. An additional
180 drivers, or 15.0% using WCDs were at a complete stop at an intersection.
Observers also noted during the pre-ordinance phase that 54 vehicles had a WCD
affixed to the vehicle (i.e., on the dashboard, door frame, etc.). Only one of the 54 was in use
by the driver.
POST-ORDINANCE WCD USE
Several weeks after the change to the College Station traffic code, a replicate survey was
conducted. In the post-ordinance survey, of the 2400 passenger vehicles observed, 162 drivers
(6.8%) were engaged in WCD use while driving, a difference of 4.9 percentage points from pre-
ordinance use, effectively a 41.9% decrease in use. Post-ordinance cell phone use for talking
was 1.7%, for texting was 5.0%, and none were engaged in both behaviors. Figure 1 shows
WCD use by type in College Station pre- and post-ordinance enforcement. Figure 2 shows WCD
use if “holding” a device is included in the count, which would be citable post-ordinance.
The percentage of WCD users observed in moving vehicles was half that observed in the
before period, dropping from 8.3% to 4.1%. Stopped vehicle driver WCD use was 9.4% post-
ordinance, a 37.3% decrease from 15.0% pre-ordinance (Figure 3).
The number of affixed devices in the post period rose to 76 in the 2400 vehicles
observed. None, however, were being used when observed.
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Figure 1. Pre- and Post-Ordinance College Station WCD Use
Figure 2. Pre- and Post-Ordinance College Station WCD Use Including
Presumption of Use by Holding Device
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Figure 3. Pre- and Post-Ordinance College Station WCD Use – Moving
Versus Stopped Vehicle Drivers
COMPARISON CITY ANALYSIS
The city of Bryan, without a hands-free ordinance was used as a comparison city and
surveyed during the same timeframe using the same survey design. Pre and post WCD use
(moving and stopped combined) in Bryan compared to pre and post use in College Station is
shown in Table 1 and Figure 4.
Table 1. College Station/Bryan Comparison of WCD Use Pre and Post-Ordinance
Usage by
Type
College Station
Total Vehicle N=2400
Bryan
Total Vehicle N=2400
Pre Post Pre Post
n % n % n % n %
Talking 106 4.42% 41 1.71% 104 4.33% 76 3.17%
Texting 169 7.04% 121 5.04% 159 6.63% 151 6.29%
Both 5 0.21% 0 0.00% 4 0.17% 3 0.13%
Total 280 11.67% 162 6.75% 267 11.13% 230 9.58%
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Figure 4. Pre- and Post-Ordinance WCD Use – College Station and Bryan
The decrease in WCD use in College Station is statistically significant (z=5.88, p<.001);
however, the decrease in WCD use in Bryan from 11.1% to 9.6% (a 13.5% decrease) during the
same time frame is not a statistically significant decrease.
The analysis of moving versus stopped vehicles revealed that both conditions were
impacted by the ordinance to a greater degree in College Station than in Bryan. The difference
in moving and stopped vehicle drivers’ WCD use pre-ordinance was not statistically significant
between the two cities (see Figures 5 and 6). However, after the ordinance went into effect,
the percent of drivers in stopped vehicles using WCD’s in Bryan was significantly different from
College Station (z=-3.23, p<.01). The site level data in Bryan showed that at four sites the WCD
use rate actually increased. The moving rate increased at four sites and the stopped rate
increased at three sites.
Figures 5 & 6. Pre- and Post-Ordinance WCD Use – College Station and Bryan
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Observers also noted in Bryan during the pre-ordinance phase that 79 vehicles had a
WCD affixed to the vehic le. Three of the 79 devices were in use by the driver. The number of
affixed devices in the post period observed in Bryan was 82 in the 2400 vehicles observed, and
none were being used when observed.
SUMMARY
TTI surveys found a 41.9% decrease in observed WCD use in College Station after
implementation of the hands-free only cell phone ordinance. In the comparison city of Bryan,
WCD use decreased by 14.3% during the same timeframe. The largest percentage decreases
were observed in moving vehicles in College Station. The decrease in percentage of WCD users
talking was greater than the decrease for texting. The number of devices affixed to the vehicle
increased in both College Station and Bryan from pre to post-ordinance with much larger
increases in College Station, the city affected by the new ordinance.
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REFERENCES
12th Man Foundation. [12thManFndtn]. (2016, November 12). Coming to Aggieland today?
Don't forget that the new law prohibiting cell phone use while driving is in effect.
Retrieved from: https://twitter.com/12thManFndtn/status/797484980712640516
City of College Station. [CityofCS]. (2016, November 12). Cell phone use must be hands-free
while driving or cycling in College Station. Retrieved from:
https://twitter.com/CityofCS/status/797484117042434050
City of College Station. [CityofCS]. (2017, March 8). Since the hands-free ordinance was
adopted, we’ve issued 241 warnings & 66 citations. Retrieved from:
https://twitter.com/CityofCS/status/839600324759310336
Clark, C., (2016, August 12). College Station City Council Oks ban on hand-held phone use while
driving. The Eagle. Retrieved from: http://www.theeagle.com/news/local/college-
station-city-council-oks-ban-on-hand-held-phone/article_e4894d87-d8d1-591f-9f15-
24420e1e4621.html
Falls, C., (2016, November 16). College Station Police writing warnings for new hands-free cell
phone law. KBTX-TV. Retrieved from: http://www.kbtx.com/content/news/College-
Station-Police-writing-warnings-for-new-hands-free-cell-phone-law-401545755.html
Fiedler, R., (2017, January 1). 140 warned under College Station hands-free cellphone law. The
Eagle. Retrieved from: http://www.theeagle.com/news/local/warned-under-college-
station-hands-free-cellphone-law/article_8e044a5d-aa03-511a-afd6-
24ad5d5561ce.html
Kamenicky, E., (2016, November 6). College Station’s hands-free device ordinance in effect
Wednesday. The Eagle. Retrieved from: http://www.theeagle.com/news/local/college-
station-s-hands-free-device-ordinance-in-effect-wednesday/article_60f0138b-fa93-
5567-93ee-d687d168edac.html
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APPENDIX A
ORDINANCE NO. 2016-3797
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE” OF THE CODE OF ORDINANCES OF
THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SECTION 10-14 “USE OF WIRELESS
COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE OR BICYCLE”, PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Chapter 10, “Traffic Code”, be amended by adding Section 10-14 “Use of
Wireless Communication Devices While Operating a Motor Vehicle or Bicycle”, as set out in
Exhibit “A”, attached hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining provisions or
sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred
Dollars ($200.00). Each day such violation shall continue or be permitted to continue, shall be
deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten
(10) days after its date of passage by the City Council, as provided by Section 35 of the Charter
of the City of College Station.
PASSED, ADOPTED and APPROVED this 11th day of August, 2016.
APPROVED:
____________________________________
Mayor
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
Page 16 of 23
Ordinance No. 2016-3797
Page 2 of 3
EXHIBIT “A”
That Chapter 10, “Traffic Code”, is hereby amended by adding Section 10-14 “Use of Wireless
Communication Devices While Operating a Motor Vehicle or Bicycle”, and is to read as follows:
Section 10-14
Use of Wireless Communication Devices While Operating a Motor Vehicle or Bicycle
A. Definitions.
1. Authorized Emergency Personnel means a person who is a law enforcement officer,
firefighter, member of a governmental emergency medical services, communications or public
utility function, or member of a governmental emergency management function.
2. Hands-free Device means speakerphone capability or a telephone attachment or other piece
of equipment, regardless of whether permanently installed in the motor vehicle allowing use of
the Wireless Communication Device without use of either of the operator's hands.
3. Use means employing, accessing or operating the Wireless Communication Device for any
reason.
4. Wireless Communication Device has the meaning assigned in Texas Transportation Code §
545.425, as amended.
B. Violation. An operator of a motor vehicle or a bicycle may not use a Wireless
Communication Device while operating a motor vehicle or bicycle on a public roadway or
highway.
C. Affirmative Defenses. It is an affirmative defense to prosecution to an offense under this
section if:
1. Complete Stop. The motor vehicle or bicycle is at a complete stop.
2. Hands-free Device. The Wireless Communication Device is used in Hands-free Device
mode of operation to engage in telephone communication or to listen to audio transmissions.
Page 17 of 23
3. Navigation. The Wireless Communication Device is used as global positioning or
navigation device or for its global positioning or navigation operating software and the Wireless
Communication Device is affixed to the motor vehicle or bicycle.
Ordinance No. 2016-3797
Page 3 of 3
4. Emergency Services. The Wireless Communication Device is used for obtaining
emergency assistance to report a crime, traffic accident, medical emergency, serious traffic
hazard or in prevention of a crime.
D. Presumption. Evidence that a police officer observed a person holding a Wireless
Communication Device while operating a motor vehicle or bicycle in motion creates a
rebuttable presumption that the person used a Wireless Communication Device in violation of
this section.
E. Conflicts. To the extent this section conflicts with any provision of the Texas
Transportation Code regarding the use of wireless communication devices or hand-held mobile
telephones, this section does not apply.
F. Non-Applicability. This section does not apply to:
a. A person licensed by the Federal Communication Commission while operating a radio
frequency device other than a Wireless Communication Device.
b. Authorized Emergency Personnel while acting in official capacity.
Page 18 of 23
APPENDIX B
Data Collection Protocol for
College Station, Texas “Use of Wireless Communication Devices While Operating
a Motor Vehicle or Bicycle” Survey
Background
The Texas A&M Transportation Institute (TTI) will conduct an observational survey of “Use
of Wireless Communication Devices (WCD) While Operating a Motor Vehicle or Bicycle” in College
Station and Bryan, Texas.
The survey elements will be included per the ordinance Chapter 10, “Traffic Code” of the code of
ordinances of the city of College Station, Texas amended section 10-14 “Use of Wireless
Communication Devices While Operating a Motor Vehicle or Bicycle”.
The survey is designed to provide a comparison of pre-ordinance WCD with WCD use following
enactment of the city ordinance banning use effective November 9, 2016. Sites in Bryan are
included in the survey design for a controlled comparison.
Definitions
That Chapter 10, “Traffic Code”, is hereby amended by adding Section 10-14 “Use of Wireless
Communication Devices While Operating a Motor Vehicle or Bicycle”, and is to read as follows:
Section 10-14
Use of Wireless Communication Devices While Operating a Motor Vehicle or Bicycle
A. Definitions.
1. Authorized Emergency Personnel means a person who is a law enforcement
officer, firefighter, member of a governmental emergency medical services,
communications or public utility function, or member of a governmental
emergency management function.
2. Hands-free Device means speakerphone capability or a telephone attachment or
other piece of equipment, regardless of whether permanently installed in the motor
vehicle allowing use of the Wireless Communication Device without use of either
of the operator's hands.
3. Use means employing, accessing or operating the Wireless Communication Device
for any reason.
4. Wireless Communication Device has the meaning assigned in Texas
Transportation Code § 545.425, as amended.
B. Violation. An operator of a motor vehicle or a bicycle may not use a Wireless
Communication Device while operating a motor vehicle or bicycle on a public roadway or
highway.
Page 19 of 23
C. Affirmative Defenses. It is an affirmative defense to prosecution to an offense under this
section if:
1. Complete Stop. The motor vehicle or bicycle is at a complete stop.
2. Hands-free Device. The Wireless Communication Device is used in Hands-free
Device mode of operation to engage in telephone communication or to listen to
audio transmissions.
3. Navigation. The Wireless Communication Device is used as global positioning or
navigation device or for its global positioning or navigation operating software and
the Wireless Communication Device is affixed to the motor vehicle or bicycle.
4. Emergency Services. The Wireless Communication Device is used for obtaining
emergency assistance to report a crime, traffic accident, medical emergency,
serious traffic hazard or in prevention of a crime.
D. Presumption. Evidence that a police officer observed a person holding a Wireless
Communication Device while operating a motor vehicle or bicycle in motion creates a rebuttable
presumption that the person used a Wireless Communication Device in violation of this section.
E. Conflicts. To the extent this section conflicts with any provision of the Texas
Transportation Code regarding the use of wireless communication devices or hand-held mobile
telephones, this section does not apply.
F. Non-Applicability. This section does not apply to:
a. A person licensed by the Federal Communication Commission while operating a
radio frequency device other than a Wireless Communication Device.
b. Authorized Emergency Personnel while acting in official capacity.
Data To Be Collected
“Use of Wireless Communication Devices While Operating a Motor Vehicle or Bicycle” will be
recorded for drivers only.
All motor vehicles will be included, with the exception outlined in Chapter 10 “Traffic Code”
Section 10-14. Include all passenger vehicles except emergency response vehicles
(governmental and nongovernmental), military vehicles, vehicles operated by a person under 18
years of age, and vehicles with a gross vehicle weight rating (GVWR) of 26,001pounds.
Examples of emergency response vehicles include but not limited to law enforcement, fire
response public or private volunteer, medical service or ambulances, municipal department or
utility, tow trucks, and vehicles with emergency response lights, flashers, or placards.
Survey data will include:
1. Driver’s estimated age (young adults 18-24, adult 25-64, senior 65+)
2. Driver’s gender (male or female)
3. Vehicle type (limited to passenger vehicle, motorcycle, and bicycle)
4. Wireless Device Use (talking, texting, or holding)
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a. Talking- Driver observed holding WD to their ear or speaking into WCD
b. Texting- Driver observed looking at, reading, typing, or scrolling WCD
c. Holding- Driver observed holding a WD, but not observed talking or texting
Collect data for 100 vehicles, plus all motorcycles, and bicycles observed at each site.
This survey requires two surveyors per site. One surveyor will be at an intersection observing
and collecting data for stopped vehicles only. A maximum of ten (10) vehicles will be collected
per light cycle. The second surveyor will be either upstream or downstream of the surveyor
collecting stopped traffic data. The second surveyor will be observing and documenting moving
traffic only, no stopped vehicles will be documented.
Instructions for Recording Written Data
Complete site information at the top of the data sheet.
Observer- Name of observer and scribe if needed
Date - include month, day and year
Site - include site number and intersection streets or mid-block street
City - city of observation
Dir. Of Obs. - direction of traffic observed (north, south, east, west)
Loc. Type - the type of location observed (intersection with light or sign, or mid-block)
Weather - type of weather during observation period
Notes – any unique site characteristics, lane of traffic observed if not closest lane
Start Time – Time when observation begins
End Time – Time when observation finishes
Use the traffic counter to count vehicles in your lane of observation not engaged with a wireless
communication device. Use four buttons on the counter: button one for vehicles, button two for
motorcycles, button three for bicycles, and button four for not sure’s.
Documenting drivers engaged with a wireless communication device (WCD):
DRIVER columns: Document M for male, F for female, or ? for unsure for the driver’s gender in
the appropriate column for estimated age of driver (young adults 18-24, adult 25-64, senior
65+).
Vehicle Type column: Document C for car/passenger vehicle, M for motorcycle, or B for bicycle.
Default in this column will be C.
WIRELESS DEVICE USE columns: Place a check in the appropriate column for type of WCD
use.
a. Talking- Driver observed holding WD to their ear or speaking into WCD
b. Texting- Driver observed looking at, reading, typing, or scrolling WCD
c. Holding- Driver observed holding a WD, but not observed talking or texting
Enter the number of passenger vehicles, motorcycles, and bicycles observed from counter in
the appropriate box.
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The total number of passenger vehicles (counter and documented) observed should equal 100
(the sample size). Motorcycles and bicycles are not included in sample size.
Observation Procedure
Observers must follow a schedule that indicates the day, start time, intersection or mid-block
street name, site number, and direction of travel for observations.
Survey every vehicle in the nearest thru lane to the curb where you are standing, or observe a
constant ratio of vehicles in the curb lane if volume is too heavy to observe every vehicle. If you
do not see the driver clearly enough to determine WCD use, count the vehicle with the
corresponding counter button. Focus on the hands and mouth of the driver. If you do not see
an act of WCD usage, the observation is a vehicle with non-use. If you cannot see the driver,
the vehicle should be counted with the Not Sure button. Document each driver WCD use
observed on the data collect sheet as described in the Instructions for Recording Written Data
section.
If, for any reason, you are unable to comply with the schedule or you have any questions, you
should notify the project director (Katie Womack) at TTI immediately.
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College Station/Bryan Driver Cell Phone Use Survey– 2019 Follow-up
Figure 1. College Station Cell Phone Use
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