On July 25, 2024, Texas State Senator Donna Campbell, Chair of the Senate Committee on Nominations, submitted a formal request for an Attorney General opinion regarding the use of QR codes on traffic violation cards to satisfy specific legal requirements under the Texas Transportation Code, Sections 543.003 and 543.004. The request, formally designated as RQ-0552-KP, centered on whether the use of a Citation Card, featuring a QR code linking to a complete digital citation, could meet the statutory mandates for issuing written notices in certain traffic violation scenarios.
Senator Campbell’s request highlighted three specific circumstances under Texas law where written notice to appear is mandatory:
1. Speeding violations.
2. Use of a wireless communication device while driving.
3. Violations of the open container law.
Under current law, officers must provide violators with a written notice containing specific information, including the time and place of appearance, the offense charged, and the violator’s promise to appear. Traditionally, this has been accomplished with handwritten or printed citations, but advancements in technology have introduced cloud-based systems and electronic notices as viable alternatives. Senator Campbell sought clarification on whether a card featuring a QR code, which links to the full citation, complies with the legal definition of “written notice” and fulfills statutory requirements for signature and delivery.
The inquiry also addressed practical issues, such as whether this technological approach could streamline traffic enforcement while meeting the legal protections guaranteed to violators. Citing potential benefits like shorter traffic stops, reduced errors in citation data, and improved administrative efficiency for courts, the request sought to determine whether these advantages could align with the letter of the law.
Background: Traditional vs. Electronic Citation Methods
The request detailed how traffic citations have evolved:
1. Handwritten Citations: Officers traditionally issue triplicate handwritten citations, with copies for the violator, the officer, and the court. This process is time-consuming and prone to errors related to illegible handwriting or manual data entry.
2. Citation Machines: More recently, citation machines have been introduced to print citations at traffic stops and electronically send data to courts. However, these machines are costly, and their adoption has been inconsistent across jurisdictions.
3. E-Citations with QR Codes: The newest method leverages cloud-based technology, where officers input citation details into a digital system and provide violators with a Citation Card. The card contains essential details (e.g., time and place of appearance) and a QR code that links to the full citation online. This approach reduces stop times and eliminates manual data entry errors but has raised questions about its compliance with legal requirements for “written notice.”
Senator Campbell noted that while traditional citations remain an option for violators without access to digital devices, jurisdictions adopting e-citations needed legal certainty to avoid exposing officers to misconduct allegations or violations of statutory requirements.
The Attorney General’s Opinion
On January 22, 2025, Attorney General Ken Paxton issued Opinion KP-0477, providing a detailed analysis of whether QR-code-enabled Citation Cards comply with Sections 543.003 and 543.004 of the Texas Transportation Code. The opinion concluded that QR-code-based electronic citations could satisfy legal requirements, provided certain conditions were met.
Key Findings of Opinion KP-0477
1. Electronic Citations as “Written Notices”
Attorney General Paxton determined that the term “written” does not exclusively refer to physical, paper-based documents. Drawing on statutory interpretations and case law, the opinion concluded that electronic citations accessible through QR codes qualify as “written” under Sections 543.003 and 543.004. Courts have previously upheld that written information can be provided electronically if it fulfills the same legal purpose as physical documents.
Importantly, the opinion emphasized that for an electronic citation to meet the statutory definition of “written notice,” the digital document accessible via the QR code must include all required information, including:
• The time and place of appearance.
• The offense charged.
• The violator’s promise to appear.
2. Content and Accessibility
While the Citation Card itself includes basic information like the time and place of appearance and the citation number, it must also serve as a gateway to the complete citation via the QR code. If the electronic citation linked through the QR code omits any statutorily required details, it would fail to meet legal standards. The Attorney General highlighted that the card alone, without an accessible electronic citation, would not suffice.
3. Signature and Copy Requirements
Under Section 543.005, violators are required to sign a written promise to appear. The opinion clarified that this signature may be obtained electronically, provided the system used is capable of creating a copy of the signed notice for the violator. The QR code system, as described in the request, satisfies this requirement if it allows violators to electronically sign the citation and retain access to a copy of the signed document.
4. Issuance and Delivery of Notice
The opinion further addressed the term “issue,” concluding that providing a violator with a Citation Card containing a QR code constitutes “issuance” under Texas law. By handing over the card, officers officially distribute the notice, and the QR code serves as the mechanism for delivering the full citation.
5. Non-Digital Alternatives
Recognizing that not all violators have access to smartphones or other devices capable of scanning QR codes, the opinion emphasized that jurisdictions must continue offering traditional citation options. This ensures compliance with accessibility standards and avoids potential legal challenges based on unequal treatment.
Implications of KP-0477
The opinion carries significant implications for Texas law enforcement, courts, and citizens. By affirming the legality of QR-code-enabled e-citations, KP-0477 clears the way for jurisdictions to adopt technology-driven citation systems that reduce traffic stop times, improve data accuracy, and streamline court processes. However, the opinion also underscores the need for strict adherence to statutory requirements, particularly regarding the content of electronic citations and the accessibility of non-digital options.
For law enforcement agencies, the adoption of e-citations represents a step toward modernizing public interactions and achieving greater efficiency. Courts stand to benefit from reduced administrative burdens and quicker access to citation data. However, the success of these systems will depend on proper implementation, training, and oversight to ensure compliance with the law and equitable access for all violators.
Conclusion
Attorney General Ken Paxton’s KP-0477 opinion represents a forward-thinking interpretation of Texas law, aligning statutory requirements with emerging technologies. By validating the use of QR-code-enabled e-citations, the opinion empowers law enforcement and courts to embrace innovation while maintaining legal protections for violators. As jurisdictions across Texas move to implement these systems, KP-0477 provides a clear legal framework for balancing efficiency, accessibility, and compliance in traffic enforcement.
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