fine-only offenses get tickets, not arrests

The text as introduced · 588 words

89R685 AJZ-F

By: Thompson
H.B. No. 656

A BILL TO BE ENTITLED

AN ACT

relating to law enforcement policies regarding the issuance of

citations for misdemeanors punishable by fine only and to a

limitation on the authority to arrest a person for certain

fine-only misdemeanors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 2B, Code of Criminal Procedure, is

amended by adding Subchapter E-1 to read as follows:

SUBCHAPTER E-1. CITATIONS AND ARRESTS

Art. 2B.0221. DEFINITION. In this subchapter, "law

enforcement agency" means an agency of the state or an agency of a

political subdivision of the state authorized by law to employ

peace officers.

Art. 2B.0222. CITE AND RELEASE POLICY. (a) The Bill

Blackwood Law Enforcement Management Institute of Texas, in

collaboration with law enforcement agencies, law enforcement

associations, law enforcement training experts, and community

organizations engaged in the development of law enforcement policy,

shall publish a written model policy regarding the issuance of

citations for misdemeanor offenses, including traffic offenses,

that are punishable by fine only. The policy must provide a

procedure for a peace officer, on a person's presentation of

appropriate identification, to verify the person's identity and

issue a citation to the person. The policy must comply with

Articles 14.01, 14.03, and 14.06 of this code and Sections 543.001

and 543.004, Transportation Code.

(b) Each law enforcement agency shall adopt a written policy

regarding the issuance of citations for misdemeanor offenses,

including traffic offenses, that are punishable by fine only. The

policy must meet the requirements for the model policy described by

Subsection (a). A law enforcement agency may adopt the model policy

published by the Bill Blackwood Law Enforcement Management

Institute of Texas under Subsection (a).

SECTION 2. Section 543.001, Transportation Code, is amended

to read as follows:

Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace

officer may arrest without warrant a person found committing a

violation of this subtitle , other than a person found only

committing one or more misdemeanors punishable by fine only .

SECTION 3. Section 543.004(a), Transportation Code, is

amended to read as follows:

(a) An officer shall issue a written notice to appear if:

(1) the offense charged is a misdemeanor under this

subtitle that is punishable by fine only [ :

[ (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.

SECTION 4. The changes in law made by this Act apply only to

an offense committed on or after the effective date of this Act. An

offense committed before the effective date of this Act is governed

by the law in effect on the date the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 5. (a) Not later than January 1, 2026, the Bill

Blackwood Law Enforcement Management Institute of Texas shall

publish the model policy required by Article 2B.0222(a), Code of

Criminal Procedure, as added by this Act.

(b) Not later than March 1, 2026, each law enforcement

agency in this state shall adopt the policy required by Article

2B.0222(b), Code of Criminal Procedure, as added by this Act.

SECTION 6. This Act takes effect September 1, 2025.