Tex.
Transp. Code Section 542.304
Moving Violations for Certain Purposes
(a)
The department by rule shall designate the offenses involving the operation of a motor vehicle that constitute a moving violation of the traffic law for the purposes of:(1)
Section 1001.112 (Parent-taught Driver Education)(b)(4), Education Code;(2)
Section 411.110 (Access to Criminal History Record Information: Department of State Health Services and Health and Human Services Commission)(f), Government Code; and(3)
Sections 773.0614 (Authority to Revoke, Suspend, Disqualify For, or Deny Certification of Emergency Medical Services Personnel for Certain Criminal Offenses)(b) and 773.06141 (Suspension, Revocation, or Denial of Emergency Medical Services Provider License)(a), Health and Safety Code.(b)
The rules must provide that for the purposes of the provisions described in Subsection (a), moving violations:(1)
include:(A)
a violation of the traffic law of this state, another state, or a political subdivision of this or another state; and(B)
an offense under Section 545.412 (Child Passenger Safety Seat Systems; Offense); and(2)
do not include:(A)
an offense committed before September 1, 2003;(B)
the offense of speeding when the person convicted was at the time of the offense driving less than 10 percent faster than the posted speed limit, unless the person committed the offense in a school crossing zone;(C)
an offense adjudicated under Article 45.051 or 45.0511 (Driving Safety Course or Motorcycle Operator Course Dismissal Procedures), Code of Criminal Procedure; or(D)
an offense under Section 545.4251 (Use of Portable Wireless Communication Device for Electronic Messaging; Offense).(b)
The rules must provide that for the purposes of the provisions described in Subsection (a), moving violations:(1)
include:(A)
a violation of the traffic law of this state, another state, or a political subdivision of this or another state; and(B)
an offense under Section 545.412 (Child Passenger Safety Seat Systems; Offense); and(2)
do not include:(A)
an offense committed before September 1, 2003;(B)
the offense of speeding when the person convicted was at the time of the offense driving less than 10 percent faster than the posted speed limit, unless the person committed the offense in a school crossing zone;(C)
an offense adjudicated under Subchapter G or H, Chapter 45A (Justice and Municipal Courts), Code of Criminal Procedure; or(D)
an offense under Section 545.4251 (Use of Portable Wireless Communication Device for Electronic Messaging; Offense).
Source:
Section 542.304 — Moving Violations for Certain Purposes, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.542.htm#542.304 (accessed Apr. 20, 2024).
