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 § 543.005 (2026)

Promise To Appear; Release

✓ current as of May 2026
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Sec. 543.005. PROMISE TO APPEAR; RELEASE. To secure release, the person arrested must make a written promise to appear in court by signing the written notice prepared by the arresting officer. The signature may be obtained on a duplicate form or on an electronic device capable of creating a copy of the signed notice. The arresting officer shall retain the paper or electronic original of the notice and deliver the copy of the notice to the person arrested. The officer shall then promptly release the person from custody.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 701, Sec. 4, eff. Aug. 30, 1999.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1999–2025 · leading case: Corpus v. State, 30 S.W.3d 35 (Tex. App. 2000).
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Corpus v. State, 30 S.W.3d 35 (Tex. App. 2000). · cites it 4× “EDELMAN concurs in the result only. WITTIG, J.”
Texas, the State Of v. Thirty Thousand Six Hundred Dollars & No/100 ($30,660.00) in U.S. Currency, 136 S.W.3d 392 (Tex. App. 2004). · cites it 2× “Based on Hullum’s experience as a traffic officer and on his firsthand observations, the State contends that he reasonably suspected that Tobin was intoxicated by alcohol or marihuana and that Hullum was therefore entitled to detain Tobin long enough to confirm or dispel his…”
Berrett v. State, 152 S.W.3d 600 (Tex. App. 2005). · cites it 2× “Tex. TRAnsp. Code Ann. § 543.005 (Vernon 1999).”
Azeez v. State, 248 S.W.3d 182 (Tex. Crim. App. 2008). “Tex. Transp. Code § 543.005. The Third Edition of Texas Jurisprudence has apparently construed the reco-dified provisions of the Transportation Code pertaining to traffic violations accordingly, to authorize the "arrest” of violators, including speeders, subject to "release .”
Castellano v. State, 49 S.W.3d 566 (Tex. App. 2001). · cites it 2× “Tex. TRAnsp. Code Ann. § 543.005 (Vernon Supp.”
Carson v. State, 65 S.W.3d 774 (Tex. App. 2001). “Tex. Transp. Code Ann. § 543.003 (Vernon Supp.”
Azeez v. State, 203 S.W.3d 456 (Tex. App. 2006). “See TEX. TRANSP. CODE ANN. § 543.005 (Vernon Supp.”
Atwater v. City of Lago Vista, 165 F.3d 380 (5th Cir. 1999). · cites it 2× “See Tex. Trans. Code Ann. § 543.005 . Once a motorist provides a written promise to appear by signing the citation, an officer is required to promptly release the motorist.”
Untitled Texas Attorney Gen. Opinion: KP-0477 (Tex. Att'y Gen. 2025). · cites it 10× “TEX. TRANSP. CODE § 543.005 (instructing an arresting officer to “retain the paper or electronic original of the notice” (emphasis added)); see also TEX.”
Fritz v. City of Corrigan, 163 F. Supp. 2d 639 (E.D. Tex. 2001). “See Tex.Trans.Code Ann. § 543.005 (Vernon 1999).”
Castellano, Rolando v. State (Tex. App. 2001). · cites it 2× “Tex. Transp. Code Ann. § 543.003 (Vernon Supp.”
The State of Texas v. Timothy Robertson (Tex. App. 2024). “See TEX. TRANSP. CODE ANN. § 543.005 (West 2022) (providing that once driver signs citation indicating promise to appear in court, officer “shall then promptly release the person from custody.”
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