Sec. 42.06. FALSE ALARM OR REPORT. (a) A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily:
(1) cause action by an official or volunteer agency organized to deal with emergencies;
(2) place a person in fear of imminent serious bodily injury; or
(3) prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance.
(b) An offense under this section is a Class A misdemeanor unless the false report is of an emergency involving a public or private institution of higher education or involving a public primary or secondary school, public communications, public transportation, public water, gas, or power supply or other public service, in which event the offense is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, Sec. 4, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 910 (H.B. 1284), Sec. 2, eff. June 14, 2013.
Notes of Decisions
Cited in
16
cases (
2 in the last 5 years), 1986–2026 · leading case:
Frost v. State, 2 S.W.3d 625 (Tex. App. 1999).
Frost v. State, 2 S.W.3d 625 (Tex. App. 1999).
· cites it 8× “After considering the evidence, a jury convicted appellant, and the court subsequently assessed his punishment at 90 days confinement in the Harris County Jail and a $350.”
In the Matter of B.P.H., 83 S.W.3d 400 (Tex. App. 2002).
· cites it 2× “The relevant section of the penal code states: [а] person commits an offense [of false report] if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that…”
Cecil v. Frost, 14 S.W.3d 414 (Tex. App. 2000).
“See Tex. Pen.Code Ann. § 42.06 (Vernon 1994).”
Watts v. State, 706 S.W.2d 707 (Tex. App. 1986).
· cites it 2× “Appellant was convicted of making a false report of a future fire in violation of TEX. PENAL CODE ANN. § 42.06(a)(1) (Vernon 1979).”
Vincent John Zahorik v. State, 475 S.W.3d 459 (Tex. App. 2015).
· cites it 2× “See Tex. Pen. Code Ann. § 42.06 (West 2011). The information thus authorizes a hypothetically correct jury charge for a completely different offense.”
In re C.R.K., 56 S.W.3d 288 (Tex. App. 2001).
· cites it 2× “See Tex. PeNAL Code AnN. § 42.06 (Vernon 1994).”
In Re Bph, 83 S.W.3d 400 (Tex. App. 2002).
· cites it 2× “The relevant section of the penal code states: [a] person commits an offense [of false report] if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that…”
Roach v. Brown (W.D. Tex. 2020).
· cites it 2× “Texas Penal Code § 42.06. False Alarm or Report] [sic].”
Tania Smith v. the State of Texas (Tex. App. 2025).
“See Tex. Penal Code § 42.06(a). The State subsequently moved to dismiss the charge in the interest of justice, and the district court granted the motion.”
Allen (E.D. Tex. 2026).
“; see Tex. Penal Code § 42.06. Five days later, Robert was assigned to spend 60 days at Lewisville ISD’s Disciplinary Alternative Education Program (“DAEP”) center for violating the student code of conduct.”
In Re Crk, 56 S.W.3d 288 (Tex. App. 2001).
· cites it 2× “See Tex. Penal Code Ann. § 42.06 (Vernon 1994).”
— Tex. Penal Code § 42.06(a) — 2 cases
Tania Smith v. the State of Texas (Tex. App. 2025).
“See Tex. Penal Code § 42.06(a). The State subsequently moved to dismiss the charge in the interest of justice, and the district court granted the motion.”
— Tex. Penal Code § 42.06(a)(1) — 1 case
Watts v. State, 706 S.W.2d 707 (Tex. App. 1986).
“Appellant was convicted of making a false report of a future fire in violation of TEX. PENAL CODE ANN. § 42.06(a)(1) (Vernon 1979).”
— Tex. Penal Code § 42.06(a)(3) — 1 case
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