What statute in Texas states that speeding less than 10 percent over the speed limit isn't a moving violation?

Lawyer For CDL Speeding Ticket

Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES.

(a) The department by rule shall designate the offenses involving the operation of a motor vehicle that constitute a moving violation of the traffic law for the purposes of:

(1) Section 1001.112(b)(4), Education Code;

(2) Section 411.110(f), Government Code; and

(3) Sections 773.0614(b) and 773.06141(a), Health and Safety Code.

(b) The rules must provide that for the purposes of the provisions described in Subsection (a), moving violations:

(1) include:

(A) a violation of the traffic law of this state, another state, or a political subdivision of this or another state; and

(B) an offense under Section 545.412; and

(2) do not include:

(A) an offense committed before September 1, 2003;

(B) the offense of speeding when the person convicted was at the time of the offense driving less than 10 percent faster than the posted speed limit, unless the person committed the offense in a school crossing zone;

(D) an offense under Section 545.4251.