Tex. Codes » Transportation Code · TITLE 7. VEHICLES AND TRAFFIC · SUBTITLE C. RULES OF THE ROAD · CHAPTER 543. ARREST AND PROSECUTION OF VIOLATORS
Texas Codes

Tex. Transp. Code § 543.002 (2026)

Person Arrested To Be Taken Before Magistrate

✓ current as of May 2026
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Sec. 543.002. PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE. (a) A person arrested for a violation of this subtitle punishable as a misdemeanor shall be immediately taken before a magistrate if:

(1) the person is arrested on a charge of failure to stop in the event of a collision causing damage to property; or

(2) the person demands an immediate appearance before a magistrate or refuses to make a written promise to appear in court as provided by this subchapter.

(b) The person must be taken before a magistrate who:

(1) has jurisdiction of the offense;

(2) is in the county in which the offense charged is alleged to have been committed; and

(3) is nearest or most accessible to the place of arrest.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 31, eff. September 1, 2023.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1999–2026 · leading case: Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
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Atwater v. City of Lago Vista, 532 U.S. 318 (2001). · cites it 2× “, at 55-58 , and there is no reason to think the procedure in this case atypical in giving the suspect a prompt opportunity to request release, see Tex. Transp. Code Ann. § 543.002 (1999) (persons arrested for traffic offenses to be taken "immediately" before a magistrate).”
Paul Craig Scott v. State, 572 S.W.3d 755 (Tex. App. 2019). · cites it 2× “See Tex. Transp. Code Ann. §§ 543.002 , 543.003.”
Berrett v. State, 152 S.W.3d 600 (Tex. App. 2005). “See Tex. TRAnsp. Code Ann. § 543.002 (Vernon 1999).”
Paul Craig Scott v. State (Tex. App. 2019). · cites it 2× “The officer had two options under Texas Transportation Code sections 543.002 and 543.”
Jorge Albert Pavon-Maldonado v. State (Tex. App. 2015). · cites it 2× “Tex. Transp. Code Ann. § 543.002 (a)(2) (Vernon 2011).”
Paul Craig Scott v. State (Tex. App. 2019). “See Tex. Transp. Code §§ 543.002–.003; see also Azeez v.”
Untitled Texas Attorney Gen. Opinion: KP-0477 (Tex. Att'y Gen. 2025). “See TEX. TRANSP. CODE § 543.002(a) (listing circumstances, including refusal to make a written promise to appear, that require the alleged violator to be taken before a magistrate).”
Untitled Texas Attorney Gen. Opinion: KP-0510 (Tex. Att'y Gen. 2026). “” 5 TEX. TRANSP. CODE §§ 543.002–.003; see Hildebrand, 2007 WL 5659038 , at *5.”
S. Wilt v. City of Greenville Police Dep't (Tex. App. 2011). “TEX. TRANSP. CODE ANN. § 543.002 (Vernon 1999).”
Johnson v. City of Pittsburg TX (5th Cir. 1999). “See Tex. Transp. Code Ann. §§ 543.002 , 543.003 (Vernon’s 1999).”
— Tex. Transp. Code § 543.002(a) — 1 case
Untitled Texas Attorney Gen. Opinion: KP-0477 (Tex. Att'y Gen. 2025). “See TEX. TRANSP. CODE § 543.002(a) (listing circumstances, including refusal to make a written promise to appear, that require the alleged violator to be taken before a magistrate).”
— Tex. Transp. Code § 543.002(a)(2) — 1 case
Jorge Albert Pavon-Maldonado v. State (Tex. App. 2015). “Tex. Transp. Code Ann. § 543.002 (a)(2) (Vernon 2011).”
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