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.
(c) Except as otherwise provided by Subsections (c-1), (d), and (e), an offense under this section is a Class B misdemeanor.
(c-1) An offense under this section 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.
(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.
(g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, but not both.
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.
Acts 2023, 88th Leg., R.S., Ch. 369 (H.B. 1442), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.002, eff. September 1, 2023.
Notes of Decisions
Jonathan Davidson v. City of Stafford, Texas, et a, 848 F.3d 384 (5th Cir. 2017).
· cites it 3× “04 and (2) Flagg and Jones “at least arguably had probable cause because [they] reasonably believed that Davidson made passage through the parking lot and into [the Clinic] unreasonably inconvenient by harassing [the Clinic’s] patients and stopping vehicles as they entered and…”
Hardy v. State, 281 S.W.3d 414 (Tex. Crim. App. 2009).
· cites it 6× “However, they were later charged with violating TEX. PENAL CODE § 42.03, Obstructing Highway or Other Passageway.”
City of Chicago v. Morales, 527 U.S. 41 (1999).
· cites it 2× “§ 39-17-305 (2) (1997); Tex. Penal Code Ann. § 42.03 (a)(2) (1994); Utah Code Ann.”
York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011).
· cites it 2× “at 6; see TEX. PENAL CODE § 42.03(a)(1) ("A person commits an offense if, without legal privilege or authority, he intentionally, knowingly or recklessly .”
Barbara Singleton v. Michael Darby, 609 F. App'x 190 (5th Cir. 2015).
· cites it 5× “Texas Penal Code § 42.03. Singleton testified that she entered the road with other protesters to warn the truck driver not to hit a young protester who had wound up in the road.”
Ryan Zimmerman v. Gary Cutler, 657 F. App'x 340 (5th Cir. 2016).
· cites it 2× “The Texas public intoxication statute is violated if a person “appears in a public place while intoxicated to the degree that the person may endanger [himself] or another.” Tex. Penal Code § 49.02(a). Public intoxication and disorderly conduct, -when committed as described here,…”
Timpa v. Dillard, 20 F.4th 1020 (5th Cir. 2021).
“See Tex. Penal Code § 42.03; Tex. Transp. Code §§ 552.”
Barron v. State, 43 S.W.3d 719 (Tex. App. 2001).
· cites it 4× “12 Barron was charged with violating Texas Penal Code section 42.03, which prohibits a person from, without legal privilege or authority, intentionally, knowingly, or recklessly obstructing a highway or other passageway to which the public or a substantial group of the public…”
Reed v. State, 794 S.W.2d 806 (Tex. App. 1990).
· cites it 2× “Tex.Penal Code Ann. § 42.03. Each appellant was found guilty by a jury.”
— Tex. Penal Code § 42.03(a) — 6 cases
— Tex. Penal Code § 42.03(a)(1) — 10 cases
York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011).
“at 6; see TEX. PENAL CODE § 42.03(a)(1) ("A person commits an offense if, without legal privilege or authority, he intentionally, knowingly or recklessly .”
Ryan Zimmerman v. Gary Cutler, 657 F. App'x 340 (5th Cir. 2016).
“The Texas public intoxication statute is violated if a person “appears in a public place while intoxicated to the degree that the person may endanger [himself] or another.” Tex. Penal Code § 49.02(a). Public intoxication and disorderly conduct, -when committed as described here,…”
Barron v. State, 43 S.W.3d 719 (Tex. App. 2001).
“12 Barron was charged with violating Texas Penal Code section 42.03, which prohibits a person from, without legal privilege or authority, intentionally, knowingly, or recklessly obstructing a highway or other passageway to which the public or a substantial group of the public…”
— Tex. Penal Code § 42.03(a)(2) — 1 case
— Tex. Penal Code § 42.03(a)(2)(A) — 1 case
— Tex. Penal Code § 42.03(b) — 5 cases
Hardy v. State, 281 S.W.3d 414 (Tex. Crim. App. 2009).
“However, they were later charged with violating TEX. PENAL CODE § 42.03, Obstructing Highway or Other Passageway.”
— Tex. Penal Code § 42.03(c) — 4 cases
Barbara Singleton v. Michael Darby, 609 F. App'x 190 (5th Cir. 2015).
“Texas Penal Code § 42.03. Singleton testified that she entered the road with other protesters to warn the truck driver not to hit a young protester who had wound up in the road.”
Ryan Zimmerman v. Gary Cutler, 657 F. App'x 340 (5th Cir. 2016).
“The Texas public intoxication statute is violated if a person “appears in a public place while intoxicated to the degree that the person may endanger [himself] or another.” Tex. Penal Code § 49.02(a). Public intoxication and disorderly conduct, -when committed as described here,…”
Reed v. State, 794 S.W.2d 806 (Tex. App. 1990).
“Tex.Penal Code Ann. § 42.03. Each appellant was found guilty by a jury.”
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