Tex. Transp. Code § 543.002 : TRANSPORTATION CODE — VEHICLES AND TRAFFIC — RULES OF THE ROAD — ARREST AND PROSECUTION OF VIOLATORS — ARREST AND CHARGING PROCEDURES; NOTICES AND PROMISES TO APPEAR — Person Arrested to Be Taken Before Magistrate
(a) A person arrested for a violation of this subtitle punishable as a misdemeanor shall be immediately taken before a magistrate if:
(1) the person is arrested on a charge of failure to stop in the event of an accident causing damage to property; or
(2) the person demands an immediate appearance before a magistrate or refuses to make a written promise to appear in court as provided by this subchapter.
(b) The person must be taken before a magistrate who:
(1) has jurisdiction of the offense;
(2) is in the county in which the offense charged is alleged to have been committed; and
(3) is nearest or most accessible to the place of arrest.