Tex. Penal Code Section 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;

(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;

(6)

an officer with responsibility for animal control in a county or municipality, while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 (Treatment and Disposition of Animals) or 822 (Regulation of Animals), Health and Safety Code; or

(7)

a person who:

(A)

has responsibility for assessing, enacting, or enforcing public health, environmental, radiation, or safety measures for the state or a county or municipality;

(B)

is investigating a particular site as part of the person’s responsibilities under Paragraph (A);

(C)

is acting in accordance with policies and procedures related to the safety and security of the site described by Paragraph (B); and

(D)

is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code.

(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.

(d-1)

Except as provided by Subsection (d-2), in a prosecution for an offense under Subsection (a)(1), there is a rebuttable presumption that the actor interferes with a peace officer if it is shown on the trial of the offense that the actor intentionally disseminated the home address, home telephone number, emergency contact information, or social security number of the officer or a family member of the officer or any other information that is specifically described by Section 552.117 (Exception: Confidentiality of Certain Addresses, Telephone Numbers, Social Security Numbers, and Personal Family Information)(a), Government Code.

(d-2)

The presumption in Subsection (d-1) does not apply to information disseminated by:

(1)

a radio or television station that holds a license issued by the Federal Communications Commission; or

(2)

a newspaper that is:

(A)

a free newspaper of general circulation or qualified to publish legal notices;

(B)

published at least once a week; and

(C)

available and of interest to the general public.

(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, Sec. 1, eff. Sept. 1, 1989. Renumbered from Penal Code Sec. 38.16 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(26), eff. Sept. 6, 1990. Renumbered from Penal Code Sec. 38.18 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.241, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1212 (H.B. 825), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1251 (H.B. 2703), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 519 (H.B. 1061), Sec. 1, eff. September 1, 2015.

Source: Section 38.15 — Interference with Public Duties, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­38.­htm#38.­15 (accessed Mar. 23, 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

Accessed:
Mar. 23, 2024

§ 38.15’s source at texas​.gov