Attachment II SECTION 42.01 OF THE TEXAS PENAL CODE DISORDERLY CONDUCT

(a)   A person commits an offense if he intentionally or knowingly:

(1)   uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

(2)   makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of peace;

(3)   creates, by chemical means, a noxious and unreasonable odor in a public place;

(4)   abuses or threatens a person in a public place in an obviously offensive manner;

(5)   makes unreasonable noise in a public place or in or near a private residence that he has no right to occupy;

(6)   fights with another in a public place;

(7)   enters on the property of another and for a lewd or unlawful purpose looks into a dwelling on the property through any window or other opening in the dwelling;

(8)   while on the premises of a hotel or comparable establishment, for a lewd or unlawful purpose looks into a guest room not his own through a window or other opening in the room;

(9)   discharges a firearm in a public place other than a public road;

(10)   displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

(11)   discharges a firearm on or across a public road; or

(12)   exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.

(b)   It is a defense to prosecution under Subsection (a)(4) of this section that the actor had significant provocation for his abusive or threatening conduct.

(c)   For purposes of this section, an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence.

(d)   An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(9) or (a)(10) of this section, in which event it is a Class B misdemeanor; and further provide that a person who violates Subsection (a)(11) is guilty of a misdemeanor of not less than $25.00 nor more than $200.00, on a second conviction is punishable by a fine of not less than $200.00 nor more than $500.00, and on a third or subsequent conviction is punishable by a fine of $500.00.