2005 Texas Transportation Code CHAPTER 543. ARREST AND PROSECUTION OF VIOLATORS

TRANSPORTATION CODE

CHAPTER 543. ARREST AND PROSECUTION OF VIOLATORS

SUBCHAPTER A. ARREST AND CHARGING PROCEDURES; NOTICES AND PROMISES 
TO APPEAR


	§ 543.001. ARREST WITHOUT WARRANT AUTHORIZED.  Any peace 
officer may arrest without warrant a person found committing a 
violation of this subtitle.

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


	§ 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 an accident 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, § 1, eff. Sept. 1, 1995.                    


	§ 543.003. NOTICE TO APPEAR REQUIRED:  PERSON NOT TAKEN 
BEFORE MAGISTRATE.  An officer who arrests a person for a violation 
of this subtitle punishable as a misdemeanor and who does not take 
the person before a magistrate shall issue a written notice to 
appear in court showing the time and place the person is to appear, 
the offense charged, the name and address of the person charged, 
and, if applicable, the license number of the person's vehicle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1999, 76th Leg., ch. 701, § 3, eff. Aug. 30, 1999.


	§ 543.004. NOTICE TO APPEAR REQUIRED:  CERTAIN 
OFFENSES.  (a) An officer shall issue a written notice to appear 
if:
		(1)  the offense charged is speeding or a violation of 
the open container law, Section 49.03, 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, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1999, 76th Leg., ch. 62, § 17.07, eff. Sept. 1, 1999.


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


	§ 543.006. TIME AND PLACE OF APPEARANCE.  (a) The time 
specified in the notice to appear must be at least 10 days after the 
date of arrest unless the person arrested demands an earlier 
hearing.
	(b)  The place specified in the notice to appear must be 
before a magistrate having jurisdiction of the offense who is in the 
municipality or county in which the offense is alleged to have been 
committed.

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


	§ 543.007. NOTICE TO APPEAR:  COMMERCIAL VEHICLE OR 
LICENSE.  A notice to appear issued to the operator of a commercial 
motor vehicle or holder of a commercial driver's license or 
commercial driver learner's permit, for the violation of a law 
regulating the operation of vehicles on highways, must contain the 
information required by department rule, to comply with Chapter 522 
and the federal Commercial Motor Vehicle Safety Act of 1986 (Title 
49, U.S.C. Section 2701 et seq.).

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1999, 76th Leg., ch. 701, § 5, eff. Aug. 30, 1999.


	§ 543.008. VIOLATION BY OFFICER.  A violation by an 
officer of a provision of Sections 543.003-543.007 is misconduct in 
office and the officer is subject to removal from the officer's 
position.

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


	§ 543.009. COMPLIANCE WITH OR VIOLATION OF PROMISE TO 
APPEAR.  (a) A person may comply with a written promise to appear in 
court by an appearance by counsel.
	(b)  A person who wilfully violates a written promise to 
appear in court, given as provided by this subchapter, commits a 
misdemeanor regardless of the disposition of the charge on which 
the person was arrested.

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


	§ 543.010. SPECIFICATIONS OF SPEEDING CHARGE.  The 
complaint and the summons or notice to appear on a charge of 
speeding under this subtitle must specify:
		(1)  the maximum or minimum speed limit applicable in 
the district or at the location;  and
		(2)  the speed at which the defendant is alleged to have 
driven.            

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


	§ 543.011. PERSONS LICENSED BY STATE DEPARTMENT OR 
CLAIMING DIPLOMATIC OR CONSULAR IMMUNITY.  (a) This section 
applies to a person who:
		(1)  is stopped or issued a notice to appear by a peace 
officer in connection with a violation of:
			(A)  this subtitle;                                                          
			(B)  Section 49.03 or 49.04, Penal Code;  or                                 
			(C)  Section 49.07 or 49.08, Penal Code, involving 
operation of a motor vehicle;  and
		(2)  presents to the peace officer a driver's license 
issued by the United States Department of State or claims 
immunities or privileges under 22 U.S.C. Chapter 6.
	(b)  A peace officer who stops or issues a notice to appear to 
a person to whom this section applies shall record all relevant 
information from any driver's license or identification card 
presented by the person or any statement made by the person relating 
to immunities or privileges and promptly deliver the record to the 
law enforcement agency that employs the peace officer.
	(c)  The law enforcement agency shall:                                         
		(1)  as soon as practicable contact the United States 
Department of State to verify the person's status and immunity, if 
any;  and
		(2)  not later than the fifth working day after the date 
of the stop or issuance of the notice to appear, send to the Bureau 
of Diplomatic Security Office of Foreign Missions of the United 
States Department of State the following:
			(A)  a copy of any notice to appear issued to the 
person and any accident report prepared;  or
			(B)  if a notice to appear was not issued and an 
accident report was not prepared, a written report of the incident.
	(d)  This section does not affect application of a law 
described by Subsection (a)(1) to a person to whom this section 
applies.

Added by Acts 2001, 77th Leg., ch. 446, § 1, eff. Sept. 1, 2001.           

SUBCHAPTER B. DISMISSAL OF CERTAIN MISDEMEANOR CHARGES ON 
COMPLETING DRIVING SAFETY COURSE


	§ 543.111. REGULATION BY CERTAIN STATE AGENCIES.  (a) The 
State Board of Education shall enter into a memorandum of 
understanding with the Texas Department of Insurance for the 
interagency development of a curriculum for driving safety courses.
	(b)  The Texas Education Agency shall:                                         
		(1)  adopt and administer comprehensive rules 
governing driving safety courses;  and
		(2)  investigate options to develop and implement 
procedures to electronically transmit information pertaining to 
driving safety courses to municipal and justice courts.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.106(d), eff. Sept. 1, 
1997.


	§ 543.112. STANDARDS FOR UNIFORM CERTIFICATE OF COURSE 
COMPLETION.  (a) The Texas Education Agency by rule shall provide 
for the design and distribution of uniform certificates of course 
completion so as to prevent to the greatest extent possible the 
unauthorized production or misuse of the certificates.
	(b)  The uniform certificate of course completion must 
include an identifying number by which the Texas Education Agency, 
the court, or the department may verify its authenticity with the 
course provider and must be in a form adopted by the Texas Education 
Agency
	(c)  The Texas Education Agency shall issue duplicate 
uniform certificates of course completion.  The State Board of 
Education by rule shall determine the amount of the fee to be 
charged for issuance of a duplicate certificate.
	(d)  A driving safety course provider shall electronically 
submit data identified by the Texas Education Agency pertaining to 
issued uniform certificates of course completion to the agency as 
directed by the agency.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.106(e), eff. Sept. 1, 
1997.


	§ 543.113. FEES FOR PRINTING AND SUPPLYING 
CERTIFICATE.  (a) The Texas Education Agency shall print the 
uniform certificates and supply them to persons who are licensed 
providers of courses approved under the Texas Driver and Traffic 
Safety Education Act (Article 4413(29c), Vernon's Texas Civil 
Statutes).  The Agency may charge a fee for each certificate.  The 
fee may not exceed $4.
	(b)  A course provider shall charge an operator a fee equal 
to the fee paid to the agency for a certificate.
	(c)  Money collected by the Texas Education Agency under this 
section may be used only to pay monetary awards for information 
relating to abuse of uniform certificates that leads to the 
conviction or removal of an approval, license, or authorization.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.106(f), eff. Sept. 1, 
1997.


	§ 543.114. DISTRIBUTION OF WRITTEN INFORMATION ON 
PROVIDER.  (a) A person may not distribute written information to 
advertise a provider of a driving safety course within 500 feet of a 
court having jurisdiction over an offense to which this subchapter 
applies.  A violation of this section by a provider or a provider's 
agent, employee, or representative results in loss of the 
provider's status as a provider of a course approved under the Texas 
Driver and Safety Education Act (Article 4413(29c), Vernon's Texas 
Civil Statutes).
	(b)  This section does not apply to distribution of 
information:             
		(1)  by a court;                                                              
		(2)  to a court to obtain approval of the course;  or                         
		(3)  to a court to advise the court of the availability 
of the course.      

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


	§ 543.115. FEES FOR DRIVING SAFETY COURSE.  (a) A driving 
safety course may not be provided to a student for less than $25.
	(b)  A course provider shall charge each student a fee for 
course materials and for overseeing and administering the course.  
The fee may not be less than $3.

Added by Acts 1997, 75th Leg., ch. 165, § 30.106(g), eff. Sept. 
1, 1997. 


	§ 543.116. DELIVERY OF UNIFORM CERTIFICATE OF COURSE 
COMPLETION.  (a) A driving safety course provider shall mail an 
issued uniform certificate of course completion to a person who 
successfully completes the course.
	(b)  The certificate must be mailed not later than the 15th 
working day after the date a person successfully completes the 
course.

Added by Acts 1997, 75th Leg., ch. 165, § 30.106(g), eff. Sept. 
1, 1997. 

SUBCHAPTER C. RECORDS AND INFORMATION MAINTAINED BY DEPARTMENT


	§ 543.201. CONVICTION REPORTED TO DEPARTMENT.  Each 
magistrate or judge of a court not of record and each clerk of a 
court of record shall keep a record of each case in which a person is 
charged with a violation of law regulating the operation of 
vehicles on highways.

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


	§ 543.202. FORM OF RECORD.  (a) In this section, "race or 
ethnicity" means of a particular descent, including Caucasian, 
African, Hispanic, Asian, or Native American descent.
	(b)  The record must be made on a form or by a data processing 
method acceptable to the department and must include:
		(1)  the name, address, physical description, 
including race or ethnicity, date of birth, and driver's license 
number of the person charged;
		(2)  the registration number of the vehicle involved;                         
		(3)  whether the vehicle was a commercial motor vehicle 
as defined by Chapter 522 or was involved in transporting hazardous 
materials;
		(4)  the person's social security number, if the person 
was operating a commercial motor vehicle or was the holder of a 
commercial driver's license or commercial driver learner's permit;
		(5)  the date and nature of the offense, including 
whether the offense was a serious traffic violation as defined by 
Chapter 522;
		(6)  whether a search of the vehicle was conducted and 
whether consent for the search was obtained;
		(7)  the plea, the judgment, whether the individual was 
adjudicated under Article 45.0511, Code of Criminal Procedure, and 
whether bail was forfeited;
		(8)  the date of conviction;  and                                             
		(9)  the amount of the fine or forfeiture.                                    

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 947, § 6, eff. Sept. 1, 2001;  Acts 
2003, 78th Leg., ch. 1325, § 8.04, eff. June 1, 2005.


	§ 543.203. SUBMITTING RECORD TO DEPARTMENT.  Not later 
than the 30th day after the date of conviction or forfeiture of bail 
of a person on a charge of violating a law regulating the operation 
of a vehicle on a highway or conviction of a person of negligent 
homicide or a felony in the commission of which a vehicle was used, 
the magistrate, judge, or clerk of the court in which the conviction 
was had or bail was forfeited shall immediately submit to the 
department a written record of the case containing the information 
required by Section 543.202.

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


	§ 543.204. SUBMISSION OF RECORD PROHIBITED.  (a) A 
justice of the peace or municipal judge who defers further 
proceedings, suspends all or part of the imposition of the fine, and 
places a defendant on probation under Article 45.051, Code of 
Criminal Procedure, or a county court judge who follows that 
procedure under Article 42.111, Code of Criminal Procedure, may not 
submit a written record to the department, except that if the 
justice or judge subsequently adjudicates the defendant's guilt, 
the justice or judge shall submit the record not later than the 30th 
day after the date on which the justice or judge adjudicates guilt.
	(b)  The department may not keep a record for which 
submission is prohibited by this section.
	(c)  The department may receive a record prepared by a 
department employee from court records.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1999, 76th Leg., ch. 1545, § 73, eff. Sept. 1, 1999.


	§ 543.205. RECORD RECEIVED AT MAIN OFFICE.  The 
department shall receive all records under Section 543.204(a) at 
its main office.

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


	§ 543.206. VIOLATION.  A violation by a judicial officer 
of this subchapter may constitute misconduct in office and may be 
grounds for removal from the officer's position.

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