CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
§ 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 or 822, 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.
(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.
Acts 2005, 79th Leg., Ch. 1212, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1251, Sec. 1, eff. September 1, 2007.