Texas Penal Code § 38.02 Failure To Identify; Texas Penal Code § 38.02 Failure To Identify. 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.
Personally, I believe many cops in Texas intentionally misrepresent 38.02 for their own purposes, but there's undoubtedly many cops who genuinely don't understand the law -- many who have been on the job for years. There have been hundreds of videos documented in this sub alone demonstrating that the problem frequently occurs all over the state of Texas across many different law enforcement agencies.
Does anyone know what the process would be for compelling the Texas Attorney General to issue a statewide memo to law enforcement clarifying 38.02? Is it even possible to compel the AG to do something like this? If the AG can't be compelled, I have a feeling he would most likely avoid the issue as the widespread confusion about the law, within law enforcement, is convenient to the police state.