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School zone phone law on hold in some areas
Published October 4, 2009
Use of cell phones while driving in school zones is illegal only when signs stating so are posted, but one month after the law made it an option, not all southern and central Brazoria County entities have decided to place the signs.
Two tickets had been written in Richwood as of Friday while Danbury and Manvel had all of their “Cell Phone Use Prohibited” signs in place to begin enforcement. Lake Jackson, Clute, West Columbia and Sweeny have ordered signs, while Alvin and Brazoria have not yet agreed to order any. Angleton last week voted to table possible enforcement, and the measure died for lack of a second in Freeport.
Brazoria County has ordered signs for unincorporated areas, but they are not in yet.
“It’s a safety issue for the kids,” Richwood Police Chief Glenn Patton said. “It’s a pretty good law, and I’d like to see it extended everywhere. Kids deserve to be safe riding their bikes anywhere, not just in school zones.”
House Bill 55 makes it illegal to use a wireless communication device in a school zone, during posted school zone hours, unless the vehicle is stopped, the call is an emergency or a hands-free device is used, according to information from the Texas Department of Public Safety. The law went into effect Sept. 1.
SOME ON ORDER, OTHERS ON FENCE
Danbury drivers should hang up before entering school zones, Police Chief Vince Hatthorn said. “If we see them on the phone while driving through a school zone, we’ll make a traffic stop and a citation will be issued,” Hatthorn said. “This is a very important law, and I’m going to do everything I can to enforce it.”
But some officials aren’t sure the rule is that important and are hesitant to post signs, which the state does not make or provide. Each entity must negotiate their own price with sign companies and prices range from $20 to $40 per sign, depending on how many are ordered and what kind of deal the entity can get, County Engineer Gerald Roberts said.
“The state isn’t making them,” Roberts said. “TxDOT had the design, and we went out and got prices for them.”
Schools have no say in whether or not signs are posted, Brazosport ISD Assistant Superintendent Dennis McNaughten said. Brazosport ISD has crossings in Clute, Freeport and Lake Jackson.
Freeport has not yet agreed to purchase the signs, which the state has designed at 2 feet wide and 18 inches tall to fit below school zone signs already in place.
“It’s something we’re discussing,” Freeport City Manager Jeff Pynes said. “Some council members recommend it as a safety concern and others are urging a lot of common sense on (drivers’) parts.”
Lake Jackson has ordered 60 signs but they have not yet been installed, City Secretary Alice Rodgers said. Clute has ordered 26 signs, City Secretary Sarah Oakes said.
“We’re just waiting on them to come in,” Oakes said. “We did it both because it’s a state law and because it’s a safety issue.”
The issue isn’t that cut-and-dried in Angleton, where council members last week tabled the measure. Officials said it would be difficult to enforce, and Angleton ISD could change some school zones by next year, when a district realignment is set to be in place and the new high school will be open. The city also wanted clarification on the difference in a school zone and a school crossing, but highway department documents call the areas, “school crossing zones” which McNaughten said encompasses both.
“We just wanted to have our I’s dotted and our T’s crossed before we got something to the court,” Councilman Jason Perez said of any possible traffic citations.
The lack of clarity and questions of whether or not the signs would enhance safety have Alvin waiting to make a change, City Manager Paul Horn said.
“We’re kind of waiting to see how everything is going to shake out,” Horn said. “We’re a small city, and are waiting for the ambiguity to be sorted out, then we can do the right thing.”
West Columbia has ordered signs, but they’re not yet in place, while Brazoria hasn’t yet agreed to post signs. Sweeny officials ordered one test sign in August so council members could see what they look like, City Manager Tim Moss said.
Sweeny then ordered 18, which are not yet up.
“They should be in at any time,” Moss said. “As soon as they get in, we’ll put them up so we can get them enforced.”
FINES COULD VARY
The signs advertise a fine of up to $200. It will be up to judges in individual courts to decide on the fine, Lake Jackson Municipal Court Clerk Dorothy Zavala said.
“The judge has the choice between $1 and $200,” Zavala said. “We usually have standard fines and go by those, but we haven’t made the decision on that one yet.”
Brazoria County commissioners in August approved purchase of 50 signs to be placed in school zones throughout the county, and it will be up to judges to decide fines, Roberts said. Pct. 4 Justice of the Peace Sharon Fox said judges haven’t yet settled on a uniform fee.
“I like my totals to be around $150, but different judges have different court costs,” Fox said.
John Lowman covers Brazoria County for The Facts. Contact him at 979-849-8581.
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