TexasCHLforum.com

Just as an explanatory note, when a police officer says he will arrest for failure to identify, he is probably referring to the charge in chapter 38 of the Penal Code and not chapter 46. There has always been a problem with officers not understanding this law. Section 38.02 is the law that says you must tell an officer your name, date of birth, and home address when you are arrested. It also says that you cannot lie about these three things if you are detained, a suspect, or a witness. I have lost count of how many officers have confused these and thought you must answer when detained, etc. Less commonly, I have heard officers argue that you also need to give them more info (such as phone, work address, or social security number).

The law itself is very clear and I have never heard of a court ruling other than what the law specifically says, but it could happen. This is especially possible because the concept of detention and arrest are easily confused or blurred. And I have heard of improper arrests under this law.