Tex. Penal Code Section 42.04
Defense When Conduct Consists of Speech or Other Expression

(a)

If conduct that would otherwise violate Section 42.01 (Disorderly Conduct)(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 (Disorderly Conduct)(a)(5), 42.03 (Obstructing Highway or Other Passageway), or 42.055 (Funeral Service Disruptions):

(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.

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: Section 42.04 — Defense When Conduct Consists of Speech or Other Expression, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm#42.04 (accessed Jun. 5, 2024).

42.01
Disorderly Conduct 42.02
Riot 42.03
Obstructing Highway or Other Passageway 42.04
Defense When Conduct Consists of Speech or Other Expression 42.05
Disrupting Meeting or Procession 42.06
False Alarm or Report 42.07
Harassment 42.08
Abuse of Corpse 42.09
Cruelty to Livestock Animals 42.10
Dog Fighting 42.11
Destruction of Flag 42.12
Discharge of Firearm in Certain Municipalities 42.13
Use of Laser Pointers 42.14
Illumination of Aircraft by Intense Light 42.15
Operation of Unmanned Aircraft over Airport or Military Installation 42.055
Funeral Service Disruptions 42.062
Interference with Emergency Request for Assistance 42.072
Stalking 42.074
Unlawful Disclosure of Residence Address or Telephone Number 42.075
Disclosure of Confidential Information Regarding Family Violence or Victims of Trafficking Shelter Center 42.091
Attack on Assistance Animal 42.092
Cruelty to Nonlivestock Animals 42.105
Cockfighting 42.107
Possession of Animal by Person Convicted of Animal Cruelty 42.0601
False Report to Induce Emergency Response

Accessed:
Jun. 5, 2024

§ 42.04’s source at texas.gov

Stay Connected

Join thousands of people who receive monthly site updates.

Get Legal Help

The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS)

Committed to Public Service

We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access.

Navigate

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

Location: https://texas.public.law/statutes/tex._penal_code_section_42.04

Original Source: Section 42.04 — Defense When Conduct Consists of Speech or Other Expression, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm#42.04 (last accessed Jun. 5, 2024).