Texas Transportation Code
Sec. § 543.004
Notice to Appear Required: Certain Offenses


An officer shall issue a written notice to appear if:


the offense charged is:




the use of a wireless communication device under Section 545.4251 (Use of Portable Wireless Communication Device for Electronic Messaging; Offense); or


a violation of the open container law, Section 49.031 (Possession of Alcoholic Beverage in Motor Vehicle), Penal Code; and


the person makes a written promise to appear in court as provided by Section 543.005 (Promise to Appear; Release).


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 (Nonresident Violator Compact of 1977).


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.
Last accessed
Feb. 24, 2020