NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES.
Tex. TRANSP Code § 543.004.
in effect(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.