PENAL CODE CHAPTER 38.

OBSTRUCTING GOVERNMENTAL OPERATION

§ 38.01. DEFINITIONS. In this chapter:
(1) "Custody" means:
(A) under arrest by a peace officer or under
restraint by a public servant pursuant to an order of a court of
this state or another state of the United States; or
(B) under restraint by an agent or employee of a
facility that is operated by or under contract with the United
States and that confines persons arrested for, charged with, or
convicted of criminal offenses.
(2) "Escape" means unauthorized departure from
custody or failure to return to custody following temporary leave
for a specific purpose or limited period or leave that is part of an
intermittent sentence, but does not include a violation of
conditions of community supervision or parole other than conditions
that impose a period of confinement in a secure correctional
facility.
(3) "Economic benefit" means anything reasonably
regarded as an economic gain or advantage, including accepting or
offering to accept employment for a fee, accepting or offering to
accept a fee, entering into a fee contract, or accepting or agreeing
to accept money or anything of value.
(4) "Finance" means to provide funds or capital or to
furnish with necessary funds.
(5) "Fugitive from justice" means a person for whom a
valid arrest warrant has been issued.
(6) "Governmental function" includes any activity
that a public servant is lawfully authorized to undertake on behalf
of government.
(7) "Invest funds" means to commit money to earn a
financial return.
(8) "Member of the family" means anyone related within
the third degree of consanguinity or affinity, as determined under
Chapter 573, Government Code.
(9) "Qualified nonprofit organization" means a
nonprofit organization that meets the following conditions:
(A) the primary purposes of the organization do
not include the rendition of legal services or education regarding
legal services;
(B) the recommending, furnishing, paying for, or
educating persons regarding legal services is incidental and
reasonably related to the primary purposes of the organization;
(C) the organization does not derive a financial
benefit from the rendition of legal services by a lawyer; and
(D) the person for whom the legal services are
rendered, and not the organization, is recognized as the client of a
lawyer.
(10) "Public media" means a telephone directory or
legal directory, newspaper or other periodical, billboard or other
sign, radio or television broadcast, recorded message the public
may access by dialing a telephone number, or a written
communication not prohibited by Section 38.12(d).
(11) "Solicit employment" means to communicate in
person or by telephone with a prospective client or a member of the
prospective client's family concerning professional employment
within the scope of a professional's license, registration, or
certification arising out of a particular occurrence or event, or
series of occurrences or events, or concerning an existing problem
of the prospective client within the scope of the professional's
license, registration, or certification, for the purpose of
providing professional services to the prospective client, when
neither the person receiving the communication nor anyone acting on
that person's behalf has requested the communication. The term
does not include a communication initiated by a family member of the
person receiving a communication, a communication by a professional
who has a prior or existing professional-client relationship with
the person receiving the communication, or communication by an
attorney for a qualified nonprofit organization with the
organization's members for the purpose of educating the
organization's members to understand the law, to recognize legal
problems, to make intelligent selection of legal counsel, or to use
available legal services. The term does not include an
advertisement by a professional through public media.
(12) "Professional" means an attorney, chiropractor,
physician, surgeon, private investigator, or any other person
licensed, certified, or registered by a state agency that regulates
a health care profession.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 866, § 1, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 14, § 284(14), eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 561, § 42, eff. Aug. 26, 1991;
Acts 1993, 73rd Leg., ch. 723, § 1, eff. Sept. 1, 1993; Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995,
74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 321, § 1.103, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 293, § 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
750, § 1, eff. Sept; 1, 1997.

§ 38.02. FAILURE TO IDENTIFY. (a) A person commits an
offense if he intentionally refuses to give his name, residence
address, or date of birth to a peace officer who has lawfully
arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a
false or fictitious name, residence address, or date of birth to a
peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the
peace officer has good cause to believe is a witness to a criminal
offense.
(c) Except as provided by Subsections (d) and (e), an
offense under this section is:
(1) a Class C misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed
under Subsection (b).
(d) If it is shown on the trial of an offense under this
section that the defendant was a fugitive from justice at the time
of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed
under Subsection (b).
(e) If conduct that constitutes an offense under this
section also constitutes an offense under Section 106.07, Alcoholic
Beverage Code, the actor may be prosecuted only under Section
106.07.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 869, § 1, eff. Sept. 1,
1987. Acts 1991, 72nd Leg., ch. 821, § 1, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
2003, 78th Leg., ch. 1009, § 1, eff. Sept. 1, 2003.

§ 38.03. RESISTING ARREST, SEARCH, OR
TRANSPORTATION. (a) A person commits an offense if he
intentionally prevents or obstructs a person he knows is a peace
officer or a person acting in a peace officer's presence and at his
direction from effecting an arrest, search, or transportation of
the actor or another by using force against the peace officer or
another.
(b) It is no defense to prosecution under this section that
the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under
this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third
degree if the actor uses a deadly weapon to resist the arrest or
search.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Acts 1991, 72nd Leg., ch. 277, § 1, 2, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 38.04. EVADING ARREST OR DETENTION. (a) A person
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a state jail felony if the actor uses a vehicle
while the actor is in flight and the actor has not been previously
convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in
flight and the actor has been previously convicted under this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or
(3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer from whom the
actor is fleeing to apprehend the actor while the actor is in
flight.
(c) In this section, "vehicle" has the meaning assigned by
Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this
section and another law may be prosecuted under either or both this
section and the other law.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 504, § 1, eff. Sept. 1,
1987. Acts 1989, 71st Leg., ch. 126, § 1, eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 708, § 1, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 165, § 30.240, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 1334, § 3, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 1480, § 1, eff. Sept. 1, 2001.

§ 38.05. HINDERING APPREHENSION OR PROSECUTION. (a) A
person commits an offense if, with intent to hinder the arrest,
prosecution, conviction, or punishment of another for an offense
or, with intent to hinder the arrest, detention, adjudication, or
disposition of a child for engaging in delinquent conduct that
violates a penal law of the grade of felony, he:
(1) harbors or conceals the other;
(2) provides or aids in providing the other with any
means of avoiding arrest or effecting escape; or
(3) warns the other of impending discovery or
apprehension.
(b) It is a defense to prosecution under Subsection (a)(3)
that the warning was given in connection with an effort to bring
another into compliance with the law.
(c) An offense under this section is a Class A misdemeanor,
except that the offense is a felony of the third degree if the
person who is harbored, concealed, provided with a means of
avoiding arrest or effecting escape, or warned of discovery or
apprehension is under arrest for, charged with, or convicted of a
felony, or is in custody or detention for, is alleged in a petition
to have engaged in, or has been adjudicated as having engaged in
delinquent conduct that violates a penal law of the grade of felony,
and the person charged under this section knew that the person they
harbored, concealed, provided with a means of avoiding arrest or
effecting escape, or warned of discovery or apprehension is under
arrest for, charged with, or convicted of a felony, or is in custody
or detention for, is alleged in a petition to have engaged in, or
has been adjudicated as having engaged in delinquent conduct that
violates a penal law of the grade of felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 748, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1995, 74th Leg., ch. 318, § 11, eff. Sept. 1, 1995.

§ 38.06. ESCAPE. (a) A person commits an offense if he
escapes from custody when he is:
(1) under arrest for, charged with, or convicted of an
offense; or
(2) in custody pursuant to a lawful order of a court.
(b) Except as provided in Subsections (c), (d), and (e), an
offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the actor:
(1) is under arrest for, charged with, or convicted of
a felony;
(2) is confined in a secure correctional facility; or
(3) is committed to a secure correctional facility, as
defined by Section 51.02, Family Code, other than a halfway house,
operated by or under contract with the Texas Youth Commission.
(d) An offense under this section is a felony of the second
degree if the actor to effect his escape causes bodily injury.
(e) An offense under this section is a felony of the first
degree if to effect his escape the actor:
(1) causes serious bodily injury; or
(2) uses or threatens to use a deadly weapon.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1985, 69th Leg., ch. 328, § 1, eff. Sept. 1,
1985. Renumbered from V.T.C.A., Penal Code § 38.07 and amended
by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Amended by Acts 1999, 76th Leg., ch. 526, § 1, eff. Sept. 1,
1999.

§ 38.07. PERMITTING OR FACILITATING ESCAPE. (a) An
official or employee of a correctional facility commits an offense
if he knowingly permits or facilitates the escape of a person in
custody.
(b) A person commits an offense if he knowingly causes or
facilitates the escape of one who is in custody pursuant to:
(1) an allegation or adjudication of delinquency; or
(2) involuntary commitment for mental illness under
Subtitle C, Title 7, Health and Safety Code, or for chemical
dependency under Chapter 462, Health and Safety Code.
(c) Except as provided in Subsections (d) and (e), an
offense under this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third
degree if the person in custody:
(1) was under arrest for, charged with, or convicted
of a felony; or
(2) was confined in a correctional facility other than
a secure correctional facility after conviction of a felony.
(e) An offense under this section is a felony of the second
degree if:
(1) the actor or the person in custody used or
threatened to use a deadly weapon to effect the escape; or
(2) the person in custody was confined in a secure
correctional facility after conviction of a felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 38.08 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 38.08. EFFECT OF UNLAWFUL CUSTODY. It is no defense
to prosecution under Section 38.06 or 38.07 that the custody was
unlawful.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 38.09 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 38.09. IMPLEMENTS FOR ESCAPE. (a) A person commits
an offense if, with intent to facilitate escape, he introduces into
a correctional facility, or provides a person in custody or an
inmate with, a deadly weapon or anything that may be useful for
escape.
(b) An offense under this section is a felony of the third
degree unless the actor introduced or provided a deadly weapon, in
which event the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 38.10 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 38.10. BAIL JUMPING AND FAILURE TO APPEAR. (a) A
person lawfully released from custody, with or without bail, on
condition that he subsequently appear commits an offense if he
intentionally or knowingly fails to appear in accordance with the
terms of his release.
(b) It is a defense to prosecution under this section that
the appearance was incident to community supervision, parole, or an
intermittent sentence.
(c) It is a defense to prosecution under this section that
the actor had a reasonable excuse for his failure to appear in
accordance with the terms of his release.
(d) Except as provided in Subsections (e) and (f), an
offense under this section is a Class A misdemeanor.
(e) An offense under this section is a Class C misdemeanor
if the offense for which the actor's appearance was required is
punishable by fine only.
(f) An offense under this section is a felony of the third
degree if the offense for which the actor's appearance was required
is classified as a felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 38.11 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 38.11. PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL
FACILITY OR ON PROPERTY OF TEXAS DEPARTMENT OF CRIMINAL
JUSTICE. (a) A person commits an offense if the person provides:
(1) an alcoholic beverage, controlled substance, or
dangerous drug to an inmate of a correctional facility, except on
the prescription of a physician or practitioner, as defined in
Section 551.003, Occupations Code;
(2) a deadly weapon to an inmate of a correctional
facility; or
(3) a cellular telephone, cigarette, tobacco product,
or money to an inmate of a correctional facility operated by or
under contract with the Texas Department of Criminal Justice.
(b) A person commits an offense if the person takes an
alcoholic beverage, controlled substance, or dangerous drug into a
correctional facility, except for delivery to a correctional
facility warehouse, pharmacy, or physician.
(c) A person commits an offense if the person takes a
controlled substance or dangerous drug on property owned, used, or
controlled by the Texas Department of Criminal Justice, except for
delivery to a warehouse, pharmacy, or physician on property owned,
used, or controlled by the department.
(d) A person commits an offense if the person:
(1) possesses a controlled substance or dangerous drug
while:
(A) on property owned, used, or controlled by the
Texas Department of Criminal Justice; or
(B) in a correctional facility; or
(2) possesses a deadly weapon while in a correctional
facility.
(e) It is an affirmative defense to prosecution under
Subsection (d)(1) of this section that the person possessed the
controlled substance or dangerous drug pursuant to a prescription
issued by a practitioner or while delivering the substance or drug
to a warehouse, pharmacy, or physician on property owned, used, or
controlled by the department. It is an affirmative defense to
prosecution under Subsection (d)(2) of this section that the person
possessing the deadly weapon is a peace officer or is an officer or
employee of the correctional facility authorized to possess the
deadly weapon while on duty or traveling to or from the person's
place of assignment.
(f) In this section:
(1) "Practitioner" has the meaning assigned by Section
481.002, Health and Safety Code.
(2) "Prescription" has the meaning assigned by Section
481.002, Health and Safety Code.
(3) "Cigarette" has the meaning assigned by Section
154.001, Tax Code.
(4) "Tobacco product" has the meaning assigned by
Section 155.001, Tax Code.
(g) An offense under this section is a felony of the third
degree.
(h) Notwithstanding Section 15.01(d), if a person commits
the offense of criminal attempt to commit an offense under
Subsection (a) or (b), the offense committed under Section 15.01 is
a felony of the third degree.
(i) It is an affirmative defense to prosecution under
Subsection (b) that the actor:
(1) is a duly authorized member of the clergy with
rights and privileges granted by an ordaining authority that
includes administration of a religious ritual or ceremony requiring
the presence or consumption of an alcoholic beverage; and
(2) takes four ounces or less of an alcoholic beverage
into the correctional facility and personally consumes all of the
alcoholic beverage or departs from the facility with any portion of
the beverage not consumed.
(j) A person commits an offense if the person while an
inmate of a correctional facility operated by or under contract
with the Texas Department of Criminal Justice possesses a cellular
telephone.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, § 5.01, eff.
Oct. 1, 1991. Renumbered from V.T.C.A., Penal Code § 38.112 and
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1999, 76th Leg., ch. 362, § 1, eff. Sept.
1, 1999; Acts 1999, 76th Leg., ch. 649, § 1, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 470, § 1 to 3, eff. Sept. 1, 2003.

§ 38.111. IMPROPER CONTACT WITH VICTIM. (a) A person
commits an offense if the person, while confined in a correctional
facility after being charged with or convicted of an offense listed
in Article 62.01(5), Code of Criminal Procedure, contacts by
letter, telephone, or any other means, either directly or through a
third party, a victim of the offense or a member of the victim's
family, if:
(1) the victim was younger than 17 years of age at the
time of the commission of the offense for which the person is
confined; and
(2) the director of the correctional facility has not,
before the person makes contact with the victim:
(A) received written and dated consent to the
contact from:
(i) a parent of the victim;
(ii) a legal guardian of the victim;
(iii) the victim, if the victim is 17 years
of age or older at the time of giving the consent; or
(iv) a member of the victim's family who is
17 years of age or older; and
(B) provided the person with a copy of the
consent.
(b) The person confined in a correctional facility may not
give the written consent required under Subsection (a)(2)(A).
(c) It is an affirmative defense to prosecution under this
section that the contact was:
(1) indirect contact made through an attorney
representing the person in custody; and
(2) solely for the purpose of representing the person
in a criminal proceeding.
(d) An offense under this section is a Class A misdemeanor
unless the actor is confined in a correctional facility after being
convicted of a felony described by Subsection (a), in which event
the offense is a felony of the third degree.

Added by Acts 2001, 77th Leg., ch. 1337, § 1, eff. Sept. 1, 2001.

§ 38.112. VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS
OF SEXUAL ASSAULT. (a) A person commits an offense if, in
violation of an order issued under Chapter 7A, Code of Criminal
Procedure, the person knowingly:
(1) communicates directly or indirectly with the
applicant or any member of the applicant's family or household in a
threatening or harassing manner;
(2) goes to or near the residence, place of employment
or business, or child-care facility or school of the applicant or
any member of the applicant's family or household; or
(3) possesses a firearm.
(b) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
(c) An offense under this section is a Class A misdemeanor.

Added by Acts 2003, 78th Leg., ch. 836, § 3, eff. Sept. 1, 2003.

§ 38.113. UNAUTHORIZED ABSENCE FROM COMMUNITY
CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT
SITE. (a) A person commits an offense if the person:
(1) is sentenced to or is required as a condition of
community supervision or correctional programming to submit to a
period of detention or treatment in a community corrections
facility or county correctional center;
(2) fails to report to or leaves the facility, the
center, or a community service assignment site as directed by the
court, community supervision and corrections department
supervising the person, or director of the facility or center in
which the person is detained or treated, as appropriate; and
(3) in failing to report or leaving acts without the
approval of the court, the community supervision and corrections
department supervising the person, or the director of the facility
or center in which the person is detained or treated.
(b) An offense under this section is a state jail felony.

Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1995, 74th Leg., ch. 318, § 12, eff. Sept.
1, 1995.

§ 38.12. BARRATRY AND SOLICITATION OF PROFESSIONAL
EMPLOYMENT. (a) A person commits an offense if, with intent to
obtain an economic benefit the person:
(1) knowingly institutes a suit or claim that the
person has not been authorized to pursue;
(2) solicits employment, either in person or by
telephone, for himself or for another;
(3) pays, gives, or advances or offers to pay, give, or
advance to a prospective client money or anything of value to obtain
employment as a professional from the prospective client;
(4) pays or gives or offers to pay or give a person
money or anything of value to solicit employment;
(5) pays or gives or offers to pay or give a family
member of a prospective client money or anything of value to solicit
employment; or
(6) accepts or agrees to accept money or anything of
value to solicit employment.
(b) A person commits an offense if the person:
(1) knowingly finances the commission of an offense
under Subsection (a);
(2) invests funds the person knows or believes are
intended to further the commission of an offense under Subsection
(a); or
(3) is a professional who knowingly accepts employment
within the scope of the person's license, registration, or
certification that results from the solicitation of employment in
violation of Subsection (a).
(c) It is an exception to prosecution under Subsection (a)
or (b) that the person's conduct is authorized by the Texas
Disciplinary Rules of Professional Conduct or any rule of court.
(d) A person commits an offense if the person:
(1) is an attorney, chiropractor, physician, surgeon,
or private investigator licensed to practice in this state or any
person licensed, certified, or registered by a health care
regulatory agency of this state;
(2) with the intent to obtain professional employment
for himself or for another, sends or knowingly permits to be sent to
an individual who has not sought the person's employment, legal
representation, advice, or care a written communication that:
(A) concerns an action for personal injury or
wrongful death or otherwise relates to an accident or disaster
involving the person to whom the communication is addressed or a
relative of that person and that was mailed before the 31st day
after the date on which the accident or disaster occurred;
(B) concerns a specific matter and relates to
legal representation and the person knows or reasonably should know
that the person to whom the communication is directed is
represented by a lawyer in the matter;
(C) concerns an arrest of or issuance of a
summons to the person to whom the communication is addressed or a
relative of that person and that was mailed before the 31st day
after the date on which the arrest or issuance of the summons
occurred;
(D) concerns a lawsuit of any kind, including an
action for divorce, in which the person to whom the communication is
addressed is a defendant or a relative of that person, unless the
lawsuit in which the person is named as a defendant has been on file
for more than 31 days before the date on which the communication was
mailed;
(E) is sent or permitted to be sent by a person
who knows or reasonably should know that the injured person or
relative of the injured person has indicated a desire not to be
contacted by or receive communications concerning employment;
(F) involves coercion, duress, fraud,
overreaching, harassment, intimidation, or undue influence; or
(G) contains a false, fraudulent, misleading,
deceptive, or unfair statement or claim.
(e) For purposes of Subsection (d)(2)(E), a desire not to be
contacted is presumed if an accident report reflects that such an
indication has been made by an injured person or that person's
relative.
(f) An offense under Subsection (a) or (b) is a felony of the
third degree.
(g) Except as provided by Subsection (h), an offense under
Subsection (d) is a Class A misdemeanor.
(h) An offense under Subsection (d) is a felony of the third
degree if it is shown on the trial of the offense that the defendant
has previously been convicted under Subsection (d).
(i) Final conviction of felony barratry is a serious crime
for all purposes and acts, specifically including the State Bar
Rules and the Texas Rules of Disciplinary Procedure.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 866, § 2, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 723, § 2, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1997, 75th Leg., ch. 750, § 2, eff. Sept. 1, 1997.

§ 38.122. FALSELY HOLDING ONESELF OUT AS A
LAWYER. (a) A person commits an offense if, with intent to obtain
an economic benefit for himself or herself, the person holds
himself or herself out as a lawyer, unless he or she is currently
licensed to practice law in this state, another state, or a foreign
country and is in good standing with the State Bar of Texas and the
state bar or licensing authority of any and all other states and
foreign countries where licensed.
(b) An offense under Subsection (a) of this section is a
felony of the third degree.
(c) Final conviction of falsely holding oneself out to be a
lawyer is a serious crime for all purposes and acts, specifically
including the State Bar Rules.

Added by Acts 1993, 73rd Leg., ch. 723, § 5, eff. Sept. 1, 1993.

§ 38.123. UNAUTHORIZED PRACTICE OF LAW. (a) A person
commits an offense if, with intent to obtain an economic benefit for
himself or herself, the person:
(1) contracts with any person to represent that person
with regard to personal causes of action for property damages or
personal injury;
(2) advises any person as to the person's rights and
the advisability of making claims for personal injuries or property
damages;
(3) advises any person as to whether or not to accept
an offered sum of money in settlement of claims for personal
injuries or property damages;
(4) enters into any contract with another person to
represent that person in personal injury or property damage matters
on a contingent fee basis with an attempted assignment of a portion
of the person's cause of action; or
(5) enters into any contract with a third person which
purports to grant the exclusive right to select and retain legal
counsel to represent the individual in any legal proceeding.
(b) This section does not apply to a person currently
licensed to practice law in this state, another state, or a foreign
country and in good standing with the State Bar of Texas and the
state bar or licensing authority of any and all other states and
foreign countries where licensed.
(c) Except as provided by Subsection (d) of this section, an
offense under Subsection (a) of this section is a Class A
misdemeanor.
(d) An offense under Subsection (a) of this section is a
felony of the third degree if it is shown on the trial of the offense
that the defendant has previously been convicted under Subsection
(a) of this section.

Added by Acts 1993, 73rd Leg., ch. 723, § 5, eff. Sept. 1, 1993.

§ 38.13. HINDERING PROCEEDINGS BY DISORDERLY
CONDUCT. (a) A person commits an offense if he intentionally
hinders an official proceeding by noise or violent or tumultuous
behavior or disturbance.
(b) A person commits an offense if he recklessly hinders an
official proceeding by noise or violent or tumultuous behavior or
disturbance and continues after explicit official request to
desist.
(c) An offense under this section is a Class A misdemeanor.

Added by Acts 1973, 63rd Leg., p. 833, ch. 399, § 1, eff. Jan. 1,
1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff.
Sept. 1, 1994.

§ 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
OFFICER, PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS
DEPARTMENT OFFICER. (a) In this section, "firearm" has the
meanings assigned by Section 46.01.
(b) A person commits an offense if the person intentionally
or knowingly and with force takes or attempts to take from a peace
officer, parole officer, or community supervision and corrections
department officer the officer's firearm, nightstick, or personal
protection chemical dispensing device with the intention of harming
the officer or a third person.
(c) The actor is presumed to have known that the peace
officer, parole officer, or community supervision and corrections
department officer was a peace officer, parole officer, or
community supervision and corrections department officer if the
officer was wearing a distinctive uniform or badge indicating his
employment, or if the officer identified himself as a peace
officer, parole officer, or community supervision and corrections
department officer.
(d) It is a defense to prosecution under this section that
the defendant took or attempted to take the weapon from a peace
officer, parole officer, or community supervision and corrections
department officer who was using force against the defendant or
another in excess of the amount of force permitted by law.
(e) An offense under this section is a felony of the third
degree if the defendant took a weapon described by Subsection (b)
from an officer described by Subsection (b) and is a state jail
felony if the defendant attempted to take the weapon from the
officer.

Added by Acts 1989, 71st Leg., ch. 986, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Penal Code § 38.16 by Acts 1990, 71st
Leg., 6th C.S., ch. 12, § 2(25), eff. Sept. 6, 1990. Renumbered
from V.T.C.A., Penal Code § 38.17 and amended by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1999,
76th Leg., ch. 714, § 1, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 322, § 1, eff. Sept. 1, 2001.

§ 38.15. INTERFERENCE WITH PUBLIC DUTIES. (a) A
person commits an offense if the person with criminal negligence
interrupts, disrupts, impedes, or otherwise interferes with:
(1) a peace officer while the peace officer is
performing a duty or exercising authority imposed or granted by
law;
(2) a person who is employed to provide emergency
medical services including the transportation of ill or injured
persons while the person is performing that duty;
(3) a fire fighter, while the fire fighter is fighting
a fire or investigating the cause of a fire;
(4) an animal under the supervision of a peace
officer, corrections officer, or jailer, if the person knows the
animal is being used for law enforcement, corrections, prison or
jail security, or investigative purposes; or
(5) the transmission of a communication over a
citizen's band radio channel, the purpose of which communication is
to inform or inquire about an emergency.
(b) An offense under this section is a Class B misdemeanor.
(c) It is a defense to prosecution under Subsection (a)(1)
that the conduct engaged in by the defendant was intended to warn a
person operating a motor vehicle of the presence of a peace officer
who was enforcing Subtitle C, Title 7, Transportation Code.
(d) It is a defense to prosecution under this section that
the interruption, disruption, impediment, or interference alleged
consisted of speech only.
(e) In this section, "emergency" means a condition or
circumstance in which an individual is or is reasonably believed by
the person transmitting the communication to be in imminent danger
of serious bodily injury or in which property is or is reasonably
believed by the person transmitting the communication to be in
imminent danger of damage or destruction.

Added by Acts 1989, 71st Leg., ch. 1162, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Penal Code § 38.16 by Acts 1990, 71st
Leg., 6th C.S., ch. 12, § 2(26), eff. Sept. 6, 1990. Renumbered
from V.T.C.A., Penal Code § 38.18 and amended by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1997,
75th Leg., ch. 165, § 30.241, eff. Sept. 1, 1997.

§ 38.151. INTERFERENCE WITH POLICE SERVICE
ANIMALS. (a) In this section:
(1) "Area of control" includes a vehicle, trailer,
kennel, pen, or yard.
(2) "Handler or rider" means a peace officer,
corrections officer, or jailer who is specially trained to use a
police service animal for law enforcement, corrections, prison or
jail security, or investigative purposes.
(3) "Police service animal" means a dog, horse, or
other domesticated animal that is specially trained for use by a
handler or rider.
(b) A person commits an offense if the person recklessly:
(1) taunts, torments, or strikes a police service
animal;
(2) throws an object or substance at a police service
animal;
(3) interferes with or obstructs a police service
animal or interferes with or obstructs the handler or rider of a
police service animal in a manner that:
(A) inhibits or restricts the handler's or
rider's control of the animal; or
(B) deprives the handler or rider of control of
the animal;
(4) releases a police service animal from its area of
control;
(5) enters the area of control of a police service
animal without the effective consent of the handler or rider,
including placing food or any other object or substance into that
area;
(6) injures or kills a police service animal; or
(7) engages in conduct likely to injure or kill a
police service animal, including administering or setting a poison,
trap, or any other object or substance.
(c) An offense under this section is:
(1) a Class C misdemeanor if the person commits an
offense under Subsection (b)(1);
(2) a Class B misdemeanor if the person commits an
offense under Subsection (b)(2);
(3) a Class A misdemeanor if the person commits an
offense under Subsection (b)(3), (4), or (5);
(4) a state jail felony if the person commits an
offense under Subsection (b)(6) or (7) by injuring a police service
animal or by engaging in conduct likely to injure the animal; or
(5) a felony of the third degree if the person commits
an offense under Subsection (b)(6) or (7) by killing a police
service animal or by engaging in conduct likely to kill the animal.

Added by Acts 2001, 77th Leg., ch. 979, § 1, eff. Sept. 1, 2001.

§ 38.16. PREVENTING EXECUTION OF CIVIL PROCESS. (a) A
person commits an offense if he intentionally or knowingly by words
or physical action prevents the execution of any process in a civil
cause.
(b) It is an exception to the application of this section
that the actor evaded service of process by avoiding detection.
(c) An offense under this section is a Class C misdemeanor.

Added by Acts 1995, 74th Leg., ch. 318, § 13, eff. Sept. 1, 1995.

§ 38.17. FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL
ASSAULT OF CHILD. (a) A person, other than a person who has a
relationship with a child described by Section 22.04(b), commits an
offense if:
(1) the actor observes the commission or attempted
commission of an offense prohibited by Section 22.021(a)(2)(B)
under circumstances in which a reasonable person would believe that
an offense of a sexual or assaultive nature was being committed or
was about to be committed against the child;
(2) the actor fails to assist the child or immediately
report the commission of the offense to a peace officer or law
enforcement agency; and
(3) the actor could assist the child or immediately
report the commission of the offense without placing the actor in
danger of suffering serious bodily injury or death.
(b) An offense under this section is a Class A misdemeanor.

Added by Acts 1999, 76th Leg., ch. 1344, § 1, eff. Sept. 1, 1999.

§ 38.171. FAILURE TO REPORT FELONY. (a) A person
commits an offense if the person:
(1) observes the commission of a felony under
circumstances in which a reasonable person would believe that an
offense had been committed in which serious bodily injury or death
may have resulted; and
(2) fails to immediately report the commission of the
offense to a peace officer or law enforcement agency under
circumstances in which:
(A) a reasonable person would believe that the
commission of the offense had not been reported; and
(B) the person could immediately report the
commission of the offense without placing himself or herself in
danger of suffering serious bodily injury or death.
(b) An offense under this section is a Class A misdemeanor.

Added by Acts 2003, 78th Leg., ch. 1009, § 2, eff. Sept. 1, 2003.

§ 38.18. USE OF ACCIDENT REPORT INFORMATION AND OTHER
INFORMATION FOR PECUNIARY GAIN. (a) This section applies to:
(1) information described by Section 550.065(a),
Transportation Code;
(2) information reported under Chapter 772, Health and
Safety Code, other than information that is confidential under that
chapter; and
(3) information contained in a dispatch log, a towing
record, or a record of a 9-1-1 service provider, other than
information that is confidential under Chapter 772, Health and
Safety Code.
(b) A person commits an offense if:
(1) the person obtains information described by
Subsection (a) from the Department of Public Safety of the State of
Texas or other governmental entity; and
(2) the information is subsequently used for the
direct solicitation of business or employment for pecuniary gain
by:
(A) the person;
(B) an agent or employee of the person; or
(C) the person on whose behalf the information
was requested.
(c) A person who employs or engages another to obtain
information described by Subsection (a) from the Department of
Public Safety or other governmental entity commits an offense if
the person subsequently uses the information for direct
solicitation of business or employment for pecuniary gain.
(d) An offense under this section is a Class B misdemeanor.

Added by Acts 2001, 77th Leg., ch. 1032, § 1, eff. Sept. 1, 2001.

§ 38.19. FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF
RESIDENT OF INSTITUTION. (a) A superintendent or general manager
of an institution commits an offense if, as required by Article
49.24 or 49.25, Code of Criminal Procedure, the person fails to:
(1) provide notice of the death of an individual under
the care, custody, or control of or residing in the institution;
(2) submit a report on the death of the individual; or
(3) include in the report material facts known or
discovered by the person at the time the report was filed.
(b) An offense under this section is a Class B misdemeanor.

Added by Acts 2003, 78th Leg., ch. 894, § 4, eff. Sept. 1, 2003.

 

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