A Texas driver who is required to hold a license has to have the class of license for the vehicle in their possession while driving, and display it on the demand of a magistrate, a court officer or a peace officer. A peace officer may stop and detain a driver to find out whether the driver has a license.
On request, the driver also provides a peace officer, or anyone involved in a collision with the driver, evidence of financial responsibility: the insurance policy or a photocopy, the standard proof of insurance form, an image on a phone showing the information the insurer provides, an insurance binder, or one of the certificates the section lists. Showing it on a phone is not consent for an officer or anyone else to look at anything else on the phone.
For speeding, a phone violation or an open container, a signed promise to appear means release. A peace officer may arrest without a warrant a person found committing a traffic offense. For three offenses, speeding, use of a wireless device under the phone law, and an open container, the officer has to issue a written notice to appear if the person signs a written promise to appear in court. The officer keeps the original, gives the person the copy, and then promptly releases the person. These three are the only offenses for which the notice is mandatory.
An officer who arrests someone for a misdemeanor traffic offense and does not take them before a magistrate issues a written notice to appear showing the time and place, the offense, and the person's name and address. For any Class C misdemeanor other than public intoxication, the Code of Criminal Procedure lets an officer issue a citation instead of taking the person before a magistrate. A person who is taken instead goes before a magistrate without unnecessary delay and no later than 48 hours after the arrest.
| What the stop turns up | What the code says |
|---|---|
| What the stop turns upNo license in hand, by a driver who holds one | What the code saysAn offense with a fine of not more than $200, and a defense if the driver produces in court a license issued to them, right for the vehicle and valid at the time; the court may charge an administrative fee of up to $10 on dismissal |
| What the stop turns upNo proof of insurance shown | What the code saysThe driver is presumed to be driving without it, unless the officer confirms coverage through the state verification program |
| What the stop turns upA citation for driving without insurance | What the code saysMay not be issued unless the officer tried to verify coverage through that program and could not |
Repeat convictions for not carrying or displaying a license within a year carry higher fines, and a third can bring confinement of 72 hours to six months. A driver licensed in another state or country is covered by the mandatory notice rule only as another chapter provides. Whether a particular stop was lawful is a question for the court.
Sources for this section (7)
- Transp. Code 521.025 — License to be carried and exhibited on demand
- Transp. Code 601.053 — Evidence of financial responsibility
- Transp. Code 543.004 — Notice to appear required for certain offenses
- Transp. Code 543.001 — Arrest without warrant for a traffic offense
- Transp. Code 543.005 — Promise to appear, and release
- Transp. Code 543.003 — Notice to appear when a person is not taken before a magistrate
- Crim. Proc. art. 14.06 — Taking an arrested person before a magistrate, and citations instead
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.
