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.
Notes of Decisions
Cited in
25
cases (
3 in the last 5 years), 1996–2026 · leading case:
Azeez v. State, 248 S.W.3d 182 (Tex. Crim. App. 2008).
Azeez v. State, 248 S.W.3d 182 (Tex. Crim. App. 2008).
· cites it 2× “Tex. Transp. Code §§ 543.004 & 543.005. 30 .”
Amador v. State, 275 S.W.3d 872 (Tex. Crim. App. 2009).
“See Tex. Transp. Code § 543.004(a)(1) ("[a]n officer shall issue a written notice to appear if the offense charged is speeding”).”
Azeez v. State, 203 S.W.3d 456 (Tex. App. 2006).
“See TEX. TRANSP. CODE ANN. § 543.004 (Vernon Supp.”
State v. West, 20 S.W.3d 867 (Tex. App. 2000).
“See Tex. Transp. Code Ann. § 543.004 (a) (Vernon Supp.”
State v. Ayala, 981 S.W.2d 474 (Tex. App. 1998).
“01(b)(Vernon 1977)(a peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view); Tex.Transp.Code Ann. § 543.001 (general authorization to arrest); Tex.”
State v. McCall, 929 S.W.2d 601 (Tex. App. 1996).
“Thus, once Officer Fultz saw the car being operated without an illuminated rear'license plate, he was authorized to arrest the driver.”
Azeez, Sheriff K. (Tex. Crim. App. 2008).
· cites it 2× “Tex. Transp. Code §§ 543.004 & 543.005. 30.”
Dylan James Larson v. the State of Texas (2025).
“See Tex. Transp. Code § 543.004. 11 information to form the basis for probable cause or reasonable suspicion, but sufficient information to justify the arrest or search was known by other law enforcement officials initiating or involved with the investigation.”
James Spence v. State (Tex. App. 1996).
· cites it 2× “6701d, § 148(a), since codified at Tex. Transp. Code Ann. § 543.004 (West 1996)).”
— Tex. Transp. Code § 543.004(a)(1) — 7 cases
Amador v. State, 275 S.W.3d 872 (Tex. Crim. App. 2009).
“See Tex. Transp. Code § 543.004(a)(1) ("[a]n officer shall issue a written notice to appear if the offense charged is speeding”).”
Azeez v. State, 248 S.W.3d 182 (Tex. Crim. App. 2008).
“Tex. Transp. Code §§ 543.004 & 543.005. 30 .”
Azeez, Sheriff K. (Tex. Crim. App. 2008).
“Tex. Transp. Code §§ 543.004 & 543.005. 30.”
— Tex. Transp. Code § 543.004(a)(2) — 1 case
— Tex. Transp. Code § 543.004(b) — 1 case
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