(a) Citation. All traffic law enforcement officers of the department of public safety will cite or arrest, as appropriate, all violators of the traffic laws apprehended by them who are committing a clear-cut and substantial violation of the traffic laws unless major extenuating circumstances are present.
(b) Custody arrests.
  (1) Custody arrests should only be used:
    (A) when necessary to have a violator forthcoming in court;
    (B) to protect the violator or the public from injury; or
    (C) when required by law.
  (2) Under no circumstances will a custody arrest be used to punish the violator or as a convenience to the trooper. In obtaining information for a notice to appear in court, the violator is required by statute to furnish his name, residence address and date of birth. It is desirable to elicit pertinent information such as occupation, telephone number, and business address, etc., for possible future use in the processing of warrants. However, the violator's failure to respond in the latter instance is not, standing alone, a sufficient reason to make a custody arrest, for they are not legally compelled to provide such additional information.

Source Note: The provisions of this §3.23 adopted to be effective January 1, 1976; amended to be effective January 19, 1981, 6 TexReg 53; amended to be effective August 4, 1998, 23 TexReg 7841