Not quite, at least when not driving or carrying a handgun. The relevant code is:tomdavis wrote:In the City of Houston, and perhaps elsewhere, if an HPD officer asks for ID and you do not produce it then you can be arrested and taken in. Does anyone know if that is a City ordinance or statewide? I will ask tomorrow and share what that officer says.
You have to be arrested and not merely detained, and thereupon you have to give your name, address, and DOB. Orally informing upon demand is sufficient. There's no requirement to carry any form of printed identification as you walk down the street. In Dutton v. Hayes-Pupko (2008) the Texas Court of Appeals for the 3rd District in Austin ruled in 2008 that arresting someone for a failure to identify while merely being detained and not under arrest is unlawful on its face AND the officer doesn't have qualified immunity for that action, meaning they're liable for damages and opening up their department/city for the same... that's a big payday for anyone who pursues it in court.Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
(c) Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class C misdemeanor if the offense is committed under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed under Subsection (b).
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed under Subsection (b).
(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.
Of course, driving on a public road, or carrying a handgun under a CHL, or doing anything else which requires a license from the state is different. It's just personally infuriating in other situations.