Q House Bill 389, passed by the 2015 Legislature, prohibits using a mobile device to send text messages or post to social media while driving. A violation is a civil violation, with no state assessments. May a municipal police officer issue a citation for a violation of this new law, and may it be adjudicated in municipal court?

A As a law enforcement officer, a municipal police officer has the authority to issue a citation for a civil violation under House Bill 389 of 2015, effective July 1, 2015. However, the citation should be filed in justice court, because a municipal court does not have jurisdiction over civil violations such as this. (Attorney Generalís Opinion to Thompson, April 10, 2015)