(a) Any person who violates the provisions of Section 357.01 of this article is guilty of a traffic offense and, upon conviction thereof, shall for a first offense be fined $100.00; for a second offense be fined $200.00; and for a third or subsequent offense be fined $300.00. No court costs or other fees shall be assessed for a violation of Section 357.01 of this article.
(b) Driving or operating a motor vehicle on a public street or highway while texting shall be enforced as a primary offense as of July 1, 2012. Driving or operating a motor vehicle on a public street or highway while using a cell phone or other electronic communication device without hands-free equipment shall be enforced as a secondary offense as of July 1, 2012, and as a primary offense as of July 1, 2013 for purposes of citation.
(c) Nothing contained in this section shall be construed to authorize seizure of a cell phone or electronic device by any law enforcement agency.
(Passed 7-10-12.)