Texas Codes

Tex. Transp. Code § 542.404 (2026)

Fine For Offense In Construction Or Maintenance Work Zone

✓ current as of May 2026

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Sec. 542.404. FINE FOR OFFENSE IN CONSTRUCTION OR MAINTENANCE WORK ZONE. (a) Except as provided by Subsection (c), if an offense under this subtitle, other than an offense under Chapter 548 or 552 or Section 545.412 or 545.413, is committed in a construction or maintenance work zone when workers are present and any written notice to appear issued for the offense states on its face that workers were present when the offense was committed:

(1) the minimum fine applicable to the offense is twice the minimum fine that would be applicable to the offense if it were committed outside a construction or maintenance work zone; and

(2) the maximum fine applicable to the offense is twice the maximum fine that would be applicable to the offense if it were committed outside a construction or maintenance work zone.

(b) In this section, "construction or maintenance work zone" has the meaning assigned by Section 472.022.

(c) The fine prescribed by Subsection (a) applies to a violation of a prima facie speed limit authorized by Subchapter H, Chapter 545, only if the construction or maintenance work zone is marked by a sign indicating the applicable maximum lawful speed.

Added by Acts 1997, 75th Leg., ch. 674, Sec. 2, eff. Jan. 1, 1998. Amended by Acts 1999, 76th Leg., ch. 789, Sec. 3, eff. Sept. 1, 1999.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 658 (H.B. 1097), Sec. 1, eff. September 1, 2013.

Notes of Decisions

Cited in 4 cases, 2009–2016 · leading case: In re State, 489 S.W.3d 24 (Tex. App. 2016).

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In re State, 489 S.W.3d 24 (Tex. App. 2016). “See Tex. Transp. Code Ann. § 542.404 (West Supp.”

Chance v. State, 292 S.W.3d 138 (Tex. App. 2009). “Chance does not contest that he was speeding in a construction zone; that workers were present somewhere within the construction zone; or that he received a citation indicating on its face that workers were present when the offense was committed.”

State v. Hollis, 327 S.W.3d 750 (Tex. App. 2010). “See Tex. Transp. Code Ann. § 542.404 (Vernon Supp.”

State v. Paula S. Hollis (Tex. App. 2010). “See TEX. TRANSP. CODE ANN. § 542.404 (Vernon Supp.”

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