Sec. 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES. (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 Section 545.4251 ; or (C) a violation of the open container law, Section 49.031 , 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.
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