Traffic offenses under the Texas Transportation Code range from a $25 seat-belt ticket to felony charges that carry years in prison, and the difference often comes down to details drivers don’t realize apply to them. This guide walks through the offenses Texas cites most often, the statute behind each one, and what a conviction actually costs.
Speeding
Texas uses two separate speed rules. Section 545.351 sets a “reasonable and prudent” standard, which means an officer can cite you even at or below the posted limit if rain, fog, traffic, or construction makes that speed unsafe.1Texas Department of Transportation. Transportation Code Offense List: Common Violations Explained – Section: Basic Speed Law The second rule is absolute: any amount over the posted number is a violation.
Where no sign is posted, Section 545.352 fills in default “prima facie” limits: 30 mph on urban streets, 15 mph in alleys, 70 mph on numbered state and federal highways outside urban areas, and 60 mph on unnumbered rural highways.2State of Texas. Texas Transportation Code Section 545.352 – Prima Facie Speed Limits Construction zones double fines when workers are present.3Texas Department of Transportation. Caution Ahead: TxDOT Calls for Safe Driving in Work Zones Texas banned photographic traffic enforcement statewide in 2019, though cities with pre-existing contracts were allowed to finish them out.4Texas State Law Library. Traffic Enforcement – Recording Laws
Distracted Driving and Phone Use
Section 545.4251 makes it illegal to read, write, or send electronic messages on a wireless device while your vehicle is moving. Texting at a stop is legal; hands-free use while moving is legal; typing a message at 40 mph is not.5Texas Department of Transportation. Statewide Texting While Driving Prohibition Some cities go further and ban all handheld phone use.
Drivers under 18 face a stricter rule. Section 545.424 prohibits minors from using any wireless communication device while driving, hands-free systems included, except in emergencies.6Texas Municipal Courts Education Center. Distracted Driving: A Panel Discussion Active school zones separately ban handheld use unless the vehicle is stopped or a hands-free system is used. A 17-year-old driving through a school zone falls under both.
Distraction that isn’t phone-related can still bring a charge. Section 545.401 defines reckless driving as operating a vehicle with willful or wanton disregard for safety, and if adjusting a GPS or eating leads to genuinely dangerous driving, an officer can cite you for reckless driving, a misdemeanor rather than a traffic ticket.7State of Texas. Texas Transportation Code Section 545.401 – Reckless Driving Offense
Failure to Yield the Right-of-Way
Section 545.155 requires you to yield to approaching traffic whenever you enter a roadway from an alley, private driveway, or parking lot. At uncontrolled intersections where two vehicles arrive at roughly the same time, Section 545.151 puts the burden on the driver on the left, who must yield to the driver on the right.8State of Texas. Texas Transportation Code Section 545.151 – Vehicle Approaching or Entering Intersection
Pedestrians in crosswalks are protected under Section 552.003 whenever no traffic signal is operating, as long as the pedestrian is on the driver’s half of the roadway or close enough to be in danger. If the pedestrian is visually impaired or disabled and a collision results, the offense becomes a misdemeanor with a fine up to $500 and 30 hours of mandatory community service with organizations serving those populations.9Texas Legislature. Texas Transportation Code Chapter 552 – Pedestrians and Other Sidewalk Users
Move Over, Slow Down
Section 545.157 is one of the most-missed rules on the road. When you approach a stationary emergency vehicle, tow truck, TxDOT vehicle, utility service vehicle, or garbage truck with warning lights flashing, you must either move a lane away from it or slow down.10State of Texas. Texas Transportation Code Section 545.157 – Passing Certain Vehicles
The reduction is specific. Slow to 20 mph below the posted limit when the limit is 25 mph or more, or to 5 mph when the limit is below 25 mph. On a highway with two or more lanes in your direction, changing lanes away from the stopped vehicle is the preferred option.
Signals, Stops, and Turns
Section 544.004 requires obedience to all official traffic-control devices, including stop signs and red lights.11State of Texas. Texas Transportation Code Section 544.004 – Compliance with Traffic Control Device Running a red light remains one of the most frequently cited violations.
Section 545.101 requires right turns to hug the right-hand curb and left turns to begin from the far-left lane available in your direction. U-turns have their own rule under Section 545.102: you can’t reverse direction near a curve or hilltop if your vehicle wouldn’t be visible to other drivers within 500 feet in either direction.12Texas Legislature. Texas Transportation Code Chapter 545 – Operation and Movement of Vehicles – Section: Turning on Curve or Crest of Grade
Lane Use, Passing, and School Buses
Section 545.060 requires you to drive as nearly as practical within a single marked lane and to leave that lane only when the move can be made safely. This is the statute officers most often use for unsafe lane-change citations. Section 545.104 requires a signal before turning or changing lanes.13State of Texas. Texas Transportation Code Section 545.060 – Driving on Roadway Laned for Traffic
Passing on two-lane roads is governed by Section 545.053, which requires passing on the left at a safe distance, and prohibits returning to the right lane until you’re safely clear of the vehicle you passed.14State of Texas. Texas Transportation Code Section 545.053 – Passing to the Left Passing in a no-passing zone under Section 545.055 is illegal, and repeat violations escalate penalties.
School buses get special protection. Section 545.066 requires drivers to stop when a school bus displays its stop sign and flashing red lights. A first offense can bring fines up to $1,250.15State of Texas. Texas Transportation Code Section 545.066 – Passing School Bus
Driving While Intoxicated
DWI sits in the Penal Code rather than the Transportation Code. Under Section 49.04, operating a motor vehicle in a public place while intoxicated is illegal.16State of Texas. Texas Penal Code Section 49.04 – Driving While Intoxicated “Intoxicated” means either a blood alcohol concentration of 0.08 or higher, or not having the normal use of your mental or physical faculties due to alcohol, drugs, or a combination.
Penalties escalate quickly:
- First offense: Class B misdemeanor, fine up to $2,000, minimum 72 hours in jail (up to 180 days).
- Second offense: Class A misdemeanor, fine up to $4,000, 30 days to one year in jail.
- Third offense: third-degree felony, fine up to $10,000, two to ten years in prison.
A BAC of 0.15 or higher enhances the first offense to a Class A misdemeanor. Every DWI conviction triggers a license suspension, and reinstatement requires both an administrative fee and an SR-22 filing for two years.17Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22)
Leaving the Scene of an Accident
Section 550.021 requires you to stop immediately after any collision involving injury or death, remain at the scene, check on anyone hurt, and exchange information. Failing to do so is a felony:
- Collision causing death: second-degree felony.
- Collision causing serious bodily injury: third-degree felony.
- Collision causing other injury: up to five years in state prison or one year in county jail, a fine up to $5,000, or both.
Property-damage-only accidents still require you to stop under Section 550.022 and exchange information. Leaving is a Class C misdemeanor if total damage is under $200 and a Class B misdemeanor if damage is $200 or more.
License Offenses
Section 521.021 requires every driver on a Texas highway to hold a valid license.19State of Texas. Texas Transportation Code Section 521.021 – License Required Driving without any license is a Class C misdemeanor with fines up to $200. Repeat offenses carry higher fines and possible jail time.
Driving with an expired license is a separate offense, and Section 521.026 offers a way out: if you renew within 20 working days of being cited (or before your first court appearance, whichever is later), a judge may dismiss the charge and assess only a reimbursement fee of up to $20.20State of Texas. Texas Transportation Code Section 521.026 – Dismissal of Expired License Charge Dismissal is not automatic; the judge has discretion.
Driving on a suspended or revoked license is more serious. Section 521.457 makes a first offense a Class C misdemeanor, but the charge escalates to Class B if you have a prior conviction for the same offense, if you’re also driving without insurance, or if the suspension came from a DWI-related offense. A Class B misdemeanor carries fines up to $2,000 and up to 180 days in jail.21State of Texas. Texas Transportation Code Section 521.457 – Driving While License Invalid
Getting a License Reinstated
After a suspension ends, DPS requires a reinstatement fee. Most departmental and safety-responsibility suspensions cost $100 to clear; administrative license revocations tied to DWI refusals or failures cost $125.22Department of Public Safety. Section 7: Reinstatement Fees and Special Licenses Some suspensions require completion of a safety course or an SR-22 filing before DPS will clear your record.
Insurance and Financial Responsibility
Section 601.051 requires every driver to establish financial responsibility, typically through a liability insurance policy.23State of Texas. Texas Transportation Code Section 601.051 – Requirement of Financial Responsibility Minimum coverage is $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage.
A first offense for driving without insurance carries a fine between $175 and $350. A second or subsequent offense runs $350 to $1,000, with possible vehicle impoundment and license suspension.24State of Texas. Texas Transportation Code Section 601.191 – Operation of Motor Vehicle in Violation of Motor Vehicle Liability Insurance Requirement Presenting forged or fraudulent proof of insurance is a separate criminal offense under Penal Code Section 37.10, which covers tampering with government records.25Justia Law. Texas Penal Code Chapter 37 – Perjury and Other Falsification
SR-22 Filings
If your license is suspended for an at-fault accident, a second or subsequent no-insurance conviction, or a civil judgment from a crash, DPS requires you to file an SR-22 certificate proving your insurer guarantees at least minimum coverage. You have to keep the SR-22 in place for two years from the date of conviction or judgment.17Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22) The filing itself isn’t costly, but insurers treat SR-22 drivers as high-risk, which typically raises premiums.
Equipment and Cargo Standards
Every vehicle must have functioning headlamps, taillamps, and turn signal lamps under Sections 547.321 through 547.324. A burned-out bulb is one of the easiest citations to avoid, and one of the most common, in part because an equipment stop gives officers a lawful reason to look for other violations.
Section 547.604 requires a muffler in good working condition that prevents excessive or unusual noise and prohibits muffler cutouts or bypass devices.26State of Texas. Texas Transportation Code Section 547.604 – Muffler Required Section 547.401 requires functioning brake systems on all motor vehicles and trailers.
Cargo security falls under Section 725.021. Vehicles carrying loose materials must be equipped to keep those materials from blowing out or spilling, and loads must be covered and secured at the front and back unless completely enclosed.27The Victoria Advocate. Traffic Tips: Requirements for Transporting Loose Materials Oversized or overweight commercial loads need permits under Chapter 623; operating without one can bring fines or impoundment.
Vehicle Inspection
Section 548.101 requires annual inspections at state-certified stations, tied to registration through the “Two Steps, One Sticker” system: pass inspection first, then renew registration. In emissions testing areas — the Dallas-Fort Worth, Houston-Galveston, Austin, and El Paso regions — vehicles must also pass additional environmental checks under Section 548.301.28Texas Statutes. Subchapter F – Motor Vehicle Emissions Inspection and Maintenance Vehicles that fail must be repaired and re-inspected before they’re legally drivable. Counterfeit inspection documents can bring misdemeanor charges.
School Zones
Section 545.357 lets municipalities and counties set reduced speed limits as low as 15 mph within 500 feet of a school. These limits apply only during posted hours, but violators face increased fines and sometimes mandatory court appearances. Handheld device use is banned in active school zones under Section 545.425 unless the vehicle is stopped or a hands-free system is used.6Texas Municipal Courts Education Center. Distracted Driving: A Panel Discussion
Seat Belts and Child Restraints
Section 545.413 requires every vehicle occupant aged 15 and older to wear a seat belt, and Texas enforces this as a primary offense, meaning an officer can pull you over solely for an unbuckled belt. Fines run $25 to $50 for a driver or adult passenger and $100 to $200 for an operator who fails to secure a child passenger.29State of Texas. Texas Transportation Code Section 545.413 – Safety Belts Offense
Under Section 545.412, children under eight must ride in an approved child safety seat unless they’re taller than 4 feet 9 inches, with fines up to $250 for violations.30Texas Department of State Health Services. Child Passenger Safety Law in Texas The child must be secured according to the seat manufacturer’s instructions.
Commercial Driver License Offenses
CDL holders face a separate, harsher set of rules under federal regulations. The blood alcohol limit for operating a commercial motor vehicle is 0.04, half the standard 0.08. Any conviction at or above that level triggers automatic disqualification.31U.S. Department of Transportation Federal Motor Carrier Safety Administration. Is a Driver Disqualified for Driving a CMV While Off-Duty With a Blood Alcohol Concentration Over 0.04 Percent?
Federal regulations list “major offenses” that disqualify a CDL holder: driving under the influence, refusing an alcohol test, leaving the scene of an accident, causing a fatality through negligent operation, and using a commercial vehicle to commit a felony. A first conviction brings a one-year disqualification, or three years if the driver was hauling hazardous materials. A second major offense is a lifetime disqualification. Using a commercial vehicle to commit a felony involving controlled substances or human trafficking is a lifetime disqualification with no eligibility for reinstatement.32eCFR. 49 CFR Part 383 Subpart D – Driver Disqualifications and Penalties
Out-of-State Drivers and Out-of-State Convictions
Texas participates in both the Driver License Compact and the Nonresident Violator Compact. If you receive a Texas citation on an out-of-state license, ignoring it doesn’t make it go away. The issuing court reports the non-compliance to your home state’s motor vehicle agency, which then suspends your home-state license until you resolve the Texas ticket. A notice with a 14- to 30-day grace period typically arrives before the suspension takes effect.33American Association of Motor Vehicle Administrators (AAMVA). Nonresident Violator Compact Procedures Manual
The compacts work the other way, too. A Texas-licensed driver who picks up a conviction in another member state has it reported back to Texas DPS, where it appears on the Texas driving record. DWI, reckless driving, and hit-and-run charges all transfer.