2022 Texas Statutes
Penal Code
Title 9 - Offenses Against Public Order and Decency
Chapter 42 - Disorderly Conduct and Related Offenses
Section 42.03. Obstructing Highway or Other Passageway
Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly:
(1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or
(2) disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises:
(A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or
(B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
(b) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 197 (H.B. 9), Sec. 2
(c) An offense under this section is a Class B misdemeanor, except that the offense is a state jail felony if, in committing the offense, the actor knowingly:
(1) prevents the passage of an authorized emergency vehicle, as defined by Section 541.201, Transportation Code, that is operating the vehicle's emergency audible or visual signals required by Section 546.003, Transportation Code; or
(2) obstructs access to a hospital licensed under Chapter 241, Health and Safety Code, or other health care facility that provides emergency medical care, as defined by Section 773.003, Health and Safety Code.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 949 (S.B. 1495), Sec. 1
(c) Except as otherwise provided by Subsections (d) and (e), an offense under this section is a Class B misdemeanor.
(d) Subject to Subsection (e), an offense under this section is a Class A misdemeanor if it is shown on the trial of the offense that, at the time of the offense, the person was operating a motor vehicle while engaging in a reckless driving exhibition.
(e) An offense under this section is a state jail felony if it is shown on the trial of the offense that, at the time of the offense, the person was operating a motor vehicle while engaging in a reckless driving exhibition, and:
(1) the person has previously been convicted of an offense punishable under Subsection (d);
(2) at the time of the offense, the person was operating a motor vehicle while intoxicated, as defined by Section 49.01; or
(3) a person suffered bodily injury as a result of the offense.
(f) For purposes of this section, "reckless driving exhibition" means an operator of a motor vehicle, on a highway or street and in the presence of two or more persons assembled for the purpose of spectating the conduct, intentionally:
(1) breaking the traction of the vehicle's rear tires;
(2) spinning the vehicle's rear tires continuously by pressing the accelerator and increasing the engine speed; and
(3) steering the vehicle in a manner designed to rotate the vehicle.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 197 (H.B. 9), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 949 (S.B. 1495), Sec. 1, eff. September 1, 2021.
