(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 § 545.4251; or
(C) a violation of the open container law, § 49.031, Penal Code; and
(2) the person makes a written promise to appear in court as provided by § 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.

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Terms Used In Texas Transportation Code 543.004

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory.

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