Tex. Penal Code Section 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.

(b-1)

A person commits an offense if the person:

(1)

is an operator of a motor vehicle, as defined by Section 32.34 (Fraudulent Transfer of a Motor Vehicle), who is lawfully detained by a peace officer for an alleged violation of a law;

(2)

fails to provide or display the person’s driver’s license on the officer’s request for the license; and

(3)

intentionally refuses to give the person’s name, driver’s license number, residence address, or date of birth to the peace officer on the officer’s request for that information.

(b-2)

For purposes of Subsection (b-1)(3), giving a peace officer a residence address that is different from the address associated with the person’s driver’s license does not constitute a refusal to give the person’s residence address in violation of that provision if the address given to the officer is the person’s actual residence address.

(c)

Except as provided by Subsections (d) and (d-1), an offense under this section is:

(1)

a Class C misdemeanor if the offense is committed under Subsection (a) or (b-1); 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).

(d-1)

An offense under Subsection (b-1) is a Class B misdemeanor if it is shown on the trial of the offense that the actor gave a false or fictitious name to the peace officer during the commission of the offense.

(e)

If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07 (Misrepresentation of Age by a Minor), Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07 (Misrepresentation of Age by a Minor).

(f)

Subject to Subsection (e), if conduct that constitutes an offense under Subsection (b-1) also constitutes an offense under any other law, the actor may be prosecuted under that subsection, the other law, or both.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 869, Sec. 1, eff. Sept. 1, 1987. Acts 1991, 72nd Leg., ch. 821, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1009, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1164 (S.B. 1551), Sec. 1, eff. September 1, 2023.

Source: Section 38.02 — Failure to Identify, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­38.­htm#38.­02 (accessed Apr. 20, 2024).

38.01
Definitions 38.02
Failure to Identify 38.03
Resisting Arrest, Search, or Transportation 38.04
Evading Arrest or Detention 38.05
Hindering Apprehension or Prosecution 38.06
Escape 38.07
Permitting or Facilitating Escape 38.08
Effect of Unlawful Custody 38.09
Implements for Escape 38.10
Bail Jumping and Failure to Appear 38.11
Prohibited Substances and Items in Correctional or Civil Commitment Facility 38.12
Barratry and Solicitation of Professional Employment 38.13
Hindering Proceedings by Disorderly Conduct 38.14
Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer 38.15
Interference with Public Duties 38.16
Preventing Execution of Civil Process 38.17
Failure to Stop or Report Aggravated Sexual Assault of Child 38.18
Use of Collision Report Information and Other Information for Pecuniary Gain 38.19
Failure to Provide Notice and Report of Death of Resident of Institution 38.111
Improper Contact with Victim 38.112
Tampering with Electronic Monitoring Device 38.113
Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site 38.114
Contraband in Correctional Facility 38.115
Operation of Unmanned Aircraft over Correctional Facility or Detention Facility 38.122
Falsely Holding Oneself out as a Lawyer 38.123
Unauthorized Practice of Law 38.151
Interference with Police Service Animals 38.152
Interference with Radio Frequency Licensed to Government Entity 38.171
Failure to Report Felony 38.172
Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes
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Accessed:
Apr. 20, 2024

§ 38.02’s source at texas​.gov