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(3) the portable electronic device is a lg_obal positioning or navigation <br />device, or lg obal positioning or navigation software is operating on <br />a device, and the device is affixed to the motor vehicle or bicycle,• <br />(4) use of a portable electronic device is for obtaining emergency <br />assistance to report a crime, traffic accident, medical emergency, or <br />serious traffic hazard, or to prevent a crime about to be committed• <br />or <br />(5) use of a portable electronic device is in the reasonable belief that a <br />person's life or safety in in immediate danger. <br />(d) Evidence that a police officer observed a person holding a portable <br />electronic device while operating a motor vehicle or bicycle in motion creates a <br />presumption that a person used a portable electronic device in violation of this <br />section. <br />(e) This article does not apply to authorized emergency personnel using <br />a portable electronic device while acting in an official capacity, <br />(f) This article does not apply to an operator who is licensed by the <br />Federal Communications Commission while operating a radio frequency device <br />other than a portable electronic device or an operator using a two -way radio <br />communication device in a commercial vehicle. <br />(g) To the extent that this article conflicts with the Texas Transportation <br />Code Section 545.424, regarding the use of wireless communication devices while <br />operating a motor vehicle by minors, or Texas Transportation Code Section <br />545.425, regarding the use of wireless communication devices in school crossing <br />zones, this article does not a <br />(h) Except as otherwise provided by this article or state law, an offense <br />under this article is a Class C misdemeanor punishable by a fine not to exceed $100 <br />for the first offense, $250 for the second offense and $500 for the third and <br />subsequent offenses. <br />SECTION 3. In codifying the changes authorized by this ordinance, paragraphs, sections <br />and subsections may be renumbered and reformatted as appropriate consistent with the numbering <br />and formatting of the San Marcos City Code. <br />SECTION 4. If any word, phrase, clause, sentence, or paragraph of this ordinance is held <br />to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in force if they can be given effect without the invalid portion. <br />