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Interference with Public Duties

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Interference with Public Duties”, as per § 38.15 of the Texas Penal Code, occurs when a person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:

a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;

  • 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;
  • a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire;
  • 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;
  • 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;
  • 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
  • a person who:
  • has responsibility for assessing, enacting, or enforcing public health, environmental, radiation, or safety measures for the state or a county or municipality;
  • is investigating a particular site as part of the person's responsibilities under Paragraph (A);
  • is acting in accordance with policies and procedures related to the safety and security of the site described by Paragraph (B); and
  • is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code.

An offense under this section is a Class B misdemeanor.

Punishment Range

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days
  • Fine not to exceed $2,000
  • Both such fine and confinement

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