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(1) on an official school day; (2) during the hours when a reduced speed school zone is in effect; (3) when signs are conspicuously posted to indicate the beginning and end of the reduced speed school zone; and (4) when signs indicating hand-held cell phone use is prohibited are conspicuously pasted at each entrance to the reduced speed school zone. (c) An operator of a motor vehicle who holds a mobile telephone to or in the immediate proximity of his or her ear while the vehicle is in motion is presumed to be engaging in a calt under this section. Immediate proximity is any distance that permits the user of a mobile telephone to heaz telecommunications transmitted over the telephone and does not require physical contact with the user's ear. (d) It shall be an affirmative defense to prosecution under this section that the person was: (1) operating an authorized emergency vehicle and using the mobile telephone or mobile communication device in the course and scope of the person's official duties; (2) using the mobile telephone or mobile communication device to: (A) report illegal activity to a law enforcement agency; (B) communicate with an emergency response operatoz, a fire department, a law enforcement agency, a hospital, a physician's office, or a health clinic regarding a medical or other emergency situation; or (C) prevent injury to a person or property; or (3) using a hands-free mobile teiephone in a hands-free manner. (e) A person convicted of an offense under this section shall be punished by a fine of up to $200. Only warning citations may be issued for the first 30 days following the effective date of this ordinance so that an educational effort by the City of San Antanio and the city's school districts may be conducted to inform the public about the importance and requirements of this new ordinance. ( fl An offense under this section is not a moving violation and may not be made a part of a person's driving record or insurance record.