Sec. 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES. (a) An officer shall issue a written notice to appear if:
(1) the offense charged is:
(A) speeding;
(B) the use of a wireless communication device under Section 545.4251; or
(C) a violation of the open container law, Section 49.031, Penal Code; and
(2) the person makes a written promise to appear in court as provided by Section 543.005.
(b) If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703.
(c) The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.07, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 438 (H.B. 62), Sec. 3, eff. September 1, 2017.
Structure Texas Statutes
Title 7 - Vehicles and Traffic
Subtitle C - Rules of the Road
Chapter 543 - Arrest and Prosecution of Violators
Subchapter A. Arrest and Charging Procedures; Notices and Promises to Appear
Section 543.001. Arrest Without Warrant Authorized
Section 543.002. Person Arrested to Be Taken Before Magistrate
Section 543.003. Notice to Appear Required: Person Not Taken Before Magistrate
Section 543.004. Notice to Appear Required: Certain Offenses
Section 543.005. Promise to Appear; Release
Section 543.006. Time and Place of Appearance
Section 543.007. Notice to Appear: Commercial Vehicle or License
Section 543.008. Violation by Officer
Section 543.009. Compliance With or Violation of Promise to Appear
Section 543.010. Specifications of Speeding Charge
Section 543.011. Persons Licensed by State Department or Claiming Diplomatic or Consular Immunity