Know your rights

Plain-language summaries, not legal advice. Texas law changes; check the current statute or a lawyer.

Traffic stop in Texas

• You must show a driver's license, registration and proof of insurance when asked.
• You must give your name, address and date of birth if lawfully arrested or detained. You don't have to answer other questions.
• You can refuse a search of your car. Say it clearly: "I don't consent to a search." Officers may still search with probable cause.
• You can refuse field sobriety tests. Refusing a breath or blood test after a DWI arrest triggers a license suspension and officers can seek a warrant.
• Ask "Am I free to go?" If yes, leave calmly.
• Recording police in public is legal in Texas as long as you don't interfere.

Requesting public records

Under the Texas Public Information Act (Government Code chapter 552), anyone can request records from any Texas government body, in writing, without giving a reason. The agency has 10 business days to produce them or ask the Attorney General for permission to withhold. Email, mail or hand-deliver this:

To the Public Information Officer, [Agency]:

Under the Texas Public Information Act, Gov't Code ch. 552, I request copies of the following records:

[Describe them: dates, type, department.]

Please provide them electronically. If any part is withheld, cite the exception and release the rest. If fees will exceed $40, send an itemized estimate before doing the work.

[Your name, email, date]

Filing a complaint about an officer

Every Texas agency must take complaints. Put it in writing, signed, with date, location, officer name or badge if known, and witnesses. Send to the agency's internal affairs or chief, and keep a copy. For a licensed peace officer you can also notify TCOLE. Ask for the complaint's case number and the outcome in writing.

Someone you know was arrested

• A magistrate must see them within 48 hours and set bond.
• A PR bond costs nothing. A cash bond is refunded when the case ends. A bail bondsman keeps the fee (usually 10%).
• Jail staff, deputies and real bail companies will never call demanding gift cards or immediate payment. That is a scam.
• They have the right to a lawyer; if they can't afford one the court appoints one.