The City of Magnolia and Magnolia Police Department (MPD) are asking citizens for compliance to keep their focus on the road and off of wireless devices while driving.

At its regular meeting held Sept. 13, council members passed an ordinance which prohibits the use of certain types of wireless communication devices while operating a motor vehicle. The ordinance specifically relates to texting while driving. Those caught could face a penalty of up to $200.

The ordinance comes just two months after MPD initiated its anti-distracted driving campaign. MPD is trying to educate and engage the public on issues related to distracted driving.

According to the MPD, driver distraction is linked to 25 percent of crashes. Interactive electronic devices are high-risk distractions. Police Chief Domingo Ibarra told council members that while texting and driving, drivers take their eyes off of the road for an average of eight seconds.

Ibarra said the main objective of the ordinance is compliance. He said officers will have to see the offense in order to stop the driver.

Ibarra added that no warrants will be needed to prove that the driver was using a wireless communication device.

“The officer’s testimony of what (he saw) will be introduced as evidence,” he said. “The officer must see the violation taking place.”

“This is a class C misdemeanor, he explained. “Once again, we are looking for compliance, not an opportunity to say, ‘got you.’”

The ordinance still allows talking on cell phones or using GPS and navigation systems.

“We are only looking for texting, not talking on the telephone, Ibarra added. “The only exception is if you are talking on the telephone in a school zone. That ordinance has been in place for several years.”

Council members also passed a resolution agreeing to participate and adopt an interlocal agreement between the City of Magnolia and Montgomery County in the Scofflaw Program.

The program allows the county tax assessor to deny motor vehicle registrations for persons with outstanding warrants for failure to appear in court or failure to pay a fine involving a violation of a traffic offense.

Under the Texas Transportation Code, the county tax assessor may refuse to register a motor vehicle if the department receives information from a municipality that the owner of the vehicle has an outstanding warrant from that municipality for failure to appear in court or failure to pay a fine on a complaint that involved a violation of a traffic law.

According to MPD, the City of Magnolia will enter into an agreement of cooperation with Montgomery County to confirm that they will agree to deny vehicle registration on behalf of the City of Magnolia.

MPD documents explained that if a citizen arrives at the tax office to renew registration of a vehicle and the citizen has an outstanding ticket with the City of Magnolia, the account is flagged. The citizen is told they have a fine or ticket that needs to be paid before the registration can be completed. The clerk will give the citizen instructions on the kiosk payment system and request the citizen bring back the printed receipt from the kiosk after completing their payment. Then, the registration of the vehicle can be completed.

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