CHAPTER 720. MISCELLANEOUS PROVISIONS - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE I. ENFORCEMENT OF TRAFFIC LAWS

CHAPTER 720. MISCELLANEOUS PROVISIONS

Sec. 720.001. BADGE OF SHERIFF, CONSTABLE, OR DEPUTY. (a) A

sheriff, constable, or deputy sheriff or deputy constable may not

arrest or accost a person for driving a motor vehicle on a

highway in violation of a law relating to motor vehicles unless

the sheriff, constable, or deputy displays a badge showing the

sheriff's, constable's, or deputy's title.

(b) A person commits an offense if the person violates this

section. An offense under this section is a misdemeanor

punishable in the same manner as an offense under Section 86.011,

Local Government Code.

(c) An officer charged by law to take or prosecute a complaint

under this section shall be removed from office if the officer

refuses to do so.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 720.002. PROHIBITION ON TRAFFIC-OFFENSE QUOTAS. (a) A

political subdivision or an agency of this state may not

establish or maintain, formally or informally, a plan to

evaluate, promote, compensate, or discipline:

(1) a peace officer according to the officer's issuance of a

predetermined or specified number of any type or combination of

types of traffic citations; or

(2) a justice of the peace or a judge of a county court,

statutory county court, municipal court, or municipal court of

record according to the amount of money the justice or judge

collects from persons convicted of a traffic offense.

(b) A political subdivision or an agency of this state may not

require or suggest to a peace officer, a justice of the peace, or

a judge of a county court, statutory county court, municipal

court, or municipal court of record:

(1) that the peace officer is required or expected to issue a

predetermined or specified number of any type or combination of

types of traffic citations within a specified period; or

(2) that the justice or judge is required or expected to collect

a predetermined amount of money from persons convicted of a

traffic offense within a specified period.

(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 737, Sec. 1,

eff. June 19, 2009.

(d) This section does not prohibit a municipality from obtaining

budgetary information from a municipal court or a municipal court

of record, including an estimate of the amount of money the court

anticipates will be collected in a budget year.

(e) A violation of this section by an elected official is

misconduct and a ground for removal from office. A violation of

this section by a person who is not an elected official is a

ground for removal from the person's position.

(f) In this section:

(1) "Conviction" means the rendition of an order by a court

imposing a punishment of incarceration or a fine.

(2) "Traffic offense" means an offense under:

(A) Chapter 521; or

(B) Subtitle C.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

737, Sec. 1, eff. June 19, 2009.