Tex. Penal Code § 42.04 · Chapter 42. DISORDERLY CONDUCT AND RELATED OFFENSES
DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR OTHER EXPRESSION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If conduct that would otherwise violate Section 42.01(a)(5) (Unreasonable Noise), 42.03 (Obstructing Passageway), or 42.055 (Funeral Service Disruptions) consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, the actor must be ordered to move, disperse, or otherwise remedy the violation prior to his arrest if he has not yet intentionally harmed the interests of others which those sections seek to protect.
(b) The order required by this section may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation.
(c) It is a defense to prosecution under Section 42.01(a)(5), 42.03, or 42.055:
(1) that in circumstances in which this section requires an order no order was given;
(2) that an order, if given, was manifestly unreasonable in scope; or
(3) that an order, if given, was promptly obeyed.
Notes and commentary — not statutory text
History
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 2006, 79th Leg., 3rd C.S., Ch. 2 (H.B. 97), Sec. 2, eff. May 19, 2006.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm
- Text hash
- sha256 cb4ed37139418e06d861600cd383244da342e0035d1802462e62f17dcfc69c2f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Tex. Penal Code § 42.01DISORDERLY CONDUCT.Printed as Section 42.01(a)(5) | Section 42.01(a)(5), 42.03, or 42.055
- Tex. Penal Code § 42.03OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY.Printed as Section 42.01(a)(5), 42.03, or 42.055
- Tex. Penal Code § 42.055FUNERAL SERVICE DISRUPTIONS.Printed as Section 42.01(a)(5), 42.03, or 42.055
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.