Is it Illegal to .... in Texas? Suprising Answers to Common Questions

Texas has some laws that are well known and others that may surprise you. Whether you are wondering about driving rules, weapons, recording laws, or property rights, this guide answers more than 50 of the most commonly Googled “Is it illegal to…” questions about Texas law, with the specific statutes that apply. At Varghese Summersett, we have handled thousands of criminal cases across Texas and have a unique perspective on the questions people ask most. Our team of over 70 attorneys and legal professionals, including board-certified specialists in criminal law, has secured more than 1,600 dismissals and 800 charge reductions.

Below, we tackle real questions with real answers. Grab a cup of coffee and join us as we cover everything from driving barefoot to recording conversations, sleeping in your car to tracking someone with an AirTag.

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Driving Questions

Is it illegal to drive without insurance in Texas?

YesTexas law requires all drivers to carry minimum liability insurance. Driving without insurance could result in a $350 fine for a first offense and up to $1,000 for later offenses. Your license and vehicle registration could also be suspended, and you may need to file an SR-22 form with Texas DPS. Texas requires at least 30/60/25 coverage: $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage per accident. Learn more: Minimum car insurance in Texas

Is it illegal to text while driving in Texas?

YesTexting while driving is illegal under Texas Transportation Code § 545.4251. Drivers may not read, write, or send electronic messages while operating a motor vehicle unless stopped. Exceptions include navigation, reporting illegal activity, or calling for emergency help.

Is it illegal to drive barefoot in Texas?

NoNo Texas law prohibits driving barefoot. In fact, no state in the U.S. outlaws it. Some cities may have local ordinances, but it is not a state violation. Learn more: Is it illegal to drive barefoot in Texas?

Is it illegal to drive with headphones on in Texas?

NoNo Texas law specifically prohibits wearing headphones while driving. However, if headphones cause distracted driving that leads to an accident, other charges could apply. Texas also prohibits texting while driving, and some of those statutes can be applied broadly to electronic distractions.

Is it illegal to drive with a broken tail light in Texas?

YesUnder Texas Transportation Code § 547.322, vehicles must have at least two red taillights visible from at least 1,000 feet. A broken or non-functioning taillight can result in a traffic stop and citation.

Is it illegal to not use a turn signal in Texas?

YesTexas Transportation Code § 545.104 requires drivers to signal at least 100 feet before turning or changing lanes. Failing to signal can lead to accidents and traffic citations.

Is it illegal to drive through a red light when turning right?

It dependsUnder Texas Transportation Code § 544.007, right turns on red are permitted after a complete stop and yielding to traffic and pedestrians. This does not apply where a sign prohibits it. Some cities also restrict it at specific intersections.

Is it illegal to drive with an open container of alcohol?

YesUnder Texas Penal Code § 49.031, it is illegal to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway. This applies whether the vehicle is moving or parked. It is a Class C misdemeanor with fines up to $500.

Is it illegal to have an unsecured load in Texas?

YesTexas Transportation Code § 725.021 requires drivers to secure all cargo to prevent it from falling onto the roadway. Drivers can face traffic citations and civil liability for injuries or damage caused by unsecured loads.

Is it illegal to use a handheld cell phone in a school zone?

YesTexas Transportation Code § 545.425 prohibits using a wireless device while driving in a school crossing zone, unless stopped or using a hands-free device.

Is it illegal to park on the wrong side of the street?

YesUnder Texas Transportation Code § 545.303, a vehicle parked on a two-way road must have its right-hand wheels within 18 inches of the right-hand curb. Parking against the flow of traffic is a safety hazard and a citable offense.

Is it illegal to ride a motorcycle without a helmet?

It dependsUnder Texas Transportation Code § 661.003, motorcyclists over 21 can ride without a helmet if they have completed a Motorcycle Operator Training Course or have health insurance providing at least $10,000 in motorcycle injury coverage.

Is it illegal to ride in the bed of a pickup truck?

It dependsUnder Texas Transportation Code § 545.414, it is illegal for anyone 17 or younger to ride in an open-bed pickup truck. Adults 18 and older can legally do so. Violations are a misdemeanor with fines between $25 and $200. Defenses include parades, emergencies, farm transport, beach driving, the truck being the household’s only vehicle, and authorized hayrides.

Is it illegal to ride a bicycle on the sidewalk?

It dependsThere is no statewide law prohibiting it. However, cities like Austin and Houston have local ordinances restricting bicycles on sidewalks in busy commercial or pedestrian zones. Check your local rules before riding on a sidewalk.

Is it illegal to not report an accident in Texas?

Yes, in some situationsUnder Texas Transportation Code §§ 550.022 and 550.023, drivers involved in an accident resulting in injury, death, or property damage over $1,000 must report it within ten days. Failing to report can lead to criminal charges.

Is it illegal to use a radar detector in Texas?

NoRadar detectors are legal in personal vehicles. They are banned in commercial vehicles under federal law (49 CFR § 392.71). Radar jammers, which actively interfere with signals, are illegal under both Texas and federal law.

Is it illegal to remove a boot from your car?

YesUnder Texas Transportation Code § 683.082, tampering with or removing a boot placed by law enforcement without authorization can result in fines or criminal charges.

Is it illegal to drive with hazard lights on in the rain?

YesUnder Texas Transportation Code § 547.331, hazard lights may only be used to indicate a traffic hazard, such as when your vehicle is stopped or disabled. Driving with them on in rain is technically a violation and can mask your turn signals, confusing other drivers. If you cannot see well enough to drive, pull over and stop before activating your hazards. Learn more: Driving in bad weather in Texas

Is it illegal to drive with interior lights on?

NoThere is no Texas law prohibiting driving with your dome light on. This is one of the most common myths parents tell their kids. While it may be slightly distracting at night, it is not a traffic offense.

Is it illegal to pass on the right in Texas?

It dependsTexas Transportation Code § 545.057 allows passing on the right when the vehicle ahead is turning left, or on a one-way street or multi-lane road. Passing on the right is prohibited when it requires driving on the shoulder. Learn more: Texas lane change laws

Is it illegal to drive in the left lane without passing?

Yes, in many situationsTexas Transportation Code § 545.051 requires drivers to use the right-hand lane unless passing, preparing to turn left, or the right lane is obstructed. Many Texas highways post “Left Lane for Passing Only” signs. Camping in the left lane can result in a ticket and creates dangerous conditions.

Is it illegal to have underglow lights on your car?

It dependsUnderglow lights are generally permitted as long as they are not flashing, not red or blue (which mimic emergency vehicles), and not directly visible from the front. Red and blue lights on a non-emergency vehicle can result in charges under Texas Transportation Code § 547.305 or Penal Code § 37.12 (impersonating a public servant). White and amber are the safest colors.

Alcohol, DWI, and Substance Questions

Is it illegal to sleep in your car in Texas?

NoNo Texas law prohibits sleeping in your car, and no city or county bans it. However, if you have been drinking, you could still face DWI charges if parked on the side of the road sleeping it off.

Is it illegal to sleep in your car while drunk in Texas?

It dependsThis is where many Texans get into trouble. Texas DWI law does not require your vehicle to be moving. Under Texas Penal Code § 49.04, DWI is committed by operating a motor vehicle in a public place while intoxicated. Courts have interpreted “operating” broadly. If the keys are in the ignition, the engine is running, or you are in the driver’s seat with the ability to drive, prosecutors may argue you were in control of the vehicle. To reduce risk: move to the back seat, turn the engine off, and remove the keys from the ignition. Better yet, call a rideshare. Learn more: Things you should never do if stopped for DWI

Is it illegal to be drunk in a bar in Texas?

YesUnder Texas Penal Code § 49.02, public intoxication is a Class C misdemeanor punishable by up to a $500 fine. If you are intoxicated to the point of posing a danger to yourself or others in any public place, including a bar, you can be arrested.

Is it illegal to purchase alcohol on Sundays in Texas?

It dependsLiquor stores are closed on Sundays under Texas Alcoholic Beverage Code §§ 105.01 and 105.02. Beer and wine can be purchased at grocery and convenience stores from noon until midnight. Bars and restaurants may serve alcohol after 10 a.m. on Sundays if food is offered. Learn more: Texas blue laws

Is it illegal to use medical marijuana in Texas?

It dependsMedical marijuana is legal under very limited circumstances. The Texas Compassionate Use Program (TCUP), under Health and Safety Code §§ 487.001-487.202, allows individuals with qualifying conditions to obtain low-THC cannabis with a prescription from a registered physician. Access is far more restricted than in other states. Learn more: Delta-8, Delta-9, and Delta-10 in Texas

Is it illegal to give alcohol to a minor if their parent is present?

It dependsUnder Texas Alcoholic Beverage Code § 106.06, a parent, legal guardian, or adult spouse may provide alcohol to a minor, but only if the parent is visibly present when the minor possesses or consumes it. No other adult can legally furnish alcohol to a minor. The exception is narrow. The parent must be physically present the entire time. Dropping off beer at a teenager’s party does not qualify. If the minor becomes intoxicated and causes harm, the parent could face civil liability or criminal charges. Learn more: Minors and alcohol in Texas

Facing criminal charges in Texas? Talk to a lawyer before you speak to police. Schedule a Free Consultation: (817) 203-2220

Weapons and Self-Defense Questions

Is it illegal to carry a knife in Texas?

It depends on whereIn 2017, HB 1935 removed blade-length restrictions. Adults can carry knives of any length, including swords, machetes, and Bowie knives. However, Texas Penal Code § 46.03 still prohibits carrying “location-restricted knives” (blades over 5.5 inches) into schools, polling places, courthouses, bars (51% establishments), hospitals, amusement parks, churches, and government meetings. Carrying a restricted knife into one of these locations is a third-degree felony punishable by 2 to 10 years in prison. Learn more: Illegal knives in Texas

Is it illegal to open carry swords and long blades?

NoSince 2017, it is legal to openly carry swords, machetes, and other long blades. HB 1935 removed size restrictions. The same location restrictions under Penal Code § 46.03 apply for blades over 5.5 inches.

Is it illegal to carry brass knuckles in Texas?

NoAs of September 1, 2019, HB 446 removed brass knuckles from the prohibited weapons list in Penal Code § 46.05. Before this, possession was a Class A misdemeanor. Texans can now legally possess and carry brass knuckles.

Is it illegal to point a gun at someone if you don’t shoot?

Yes, in most situationsPointing a firearm at someone can be charged as deadly conduct under Texas Penal Code § 22.05, a Class A misdemeanor (up to one year in jail and $4,000 fine). Firing in someone’s direction elevates it to a third-degree felony. It could also be charged as assault by threat under § 22.01 or aggravated assault under § 22.02. The only exception is a valid self-defense claim under § 9.31. Learn more: Open carry in Texas

Is it illegal to display a “no guns allowed” sign on private property?

NoPrivate property owners may post signs under Penal Code §§ 30.06 and 30.07 to prohibit concealed and open carry. Signs must be written in English and Spanish, use contrasting colors, and contain specific statutory language. Entering with a firearm despite compliant signage can be criminal trespass.

Recording, Privacy, and Technology Questions

Is it illegal to record a conversation in Texas?

It dependsTexas is a “one-party consent” state. Under Penal Code § 16.02, only one person in the conversation needs to consent. If you are a party to the conversation, you can legally record it. Recording a conversation you are not part of, without any party’s consent, is a crime. Learn more: Recording phone calls in Texas

Is it illegal to record the police in Texas?

NoYou have a First Amendment right to record police officers performing their duties in public. Texas law does not prohibit filming police during traffic stops, arrests, or other public encounters. Officers cannot legally confiscate your phone or delete footage without a warrant. However, you must not physically interfere with the officer’s duties. Under Penal Code § 38.15, interfering with public duties is a Class B misdemeanor. Stand at a safe distance, do not obstruct the officer, and keep recording.

Is it illegal to track someone with an AirTag or GPS device?

Yes, in most situationsTexas Penal Code § 16.06 makes it a Class A misdemeanor to knowingly install a tracking device on a vehicle owned by another person without consent. This includes AirTags, GPS trackers, and similar devices. Penalties include up to one year in jail and a $4,000 fine. Tracking someone’s movements could also support stalking charges under Penal Code § 42.072, a third-degree felony. Exceptions exist for parents tracking minor children and for law enforcement with proper authorization.

Is it illegal to use a fake ID in Texas?

YesUnder Penal Code § 37.10, possessing, manufacturing, or using false identification with intent to deceive is an offense. Penalties range from a Class C misdemeanor to a felony, with consequences including fines, probation, community service, or imprisonment.

Property and Animals Questions

Is it illegal to pick bluebonnets in Texas?

NoContrary to popular belief, picking bluebonnets is not illegal. However, picking flowers on private property without permission is trespassing. Removing plants from state parks or public property is also generally prohibited.

Is it illegal to collect rainwater in Texas?

NoTexas encourages it. Local Government Code § 580.004 promotes rainwater harvesting and allows collection systems in residential and commercial properties. The Texas Property Code prevents HOAs from prohibiting personal-use harvesting systems. TCEQ regulates installation and maintenance.

Is it illegal to cut down a tree on your own property?

It dependsGenerally no, but some cities have tree ordinances regulating removal of certain species or sizes. Trees on boundary lines or within public rights-of-way may require permits or neighbor consent. Check local regulations first.

Is it illegal to have a front yard vegetable garden?

NoTexas Local Government Code § 211.014 prohibits cities from enacting rules that prevent front yard vegetable gardens. Local governments may enforce reasonable regulations on size and maintenance, but cannot effectively prohibit them.

Is it illegal to own exotic animals as pets?

Permits requiredUnder Health and Safety Code §§ 822.101-822.113, owning dangerous wild animals (lions, tigers, bears, cougars, chimpanzees, and others) requires registration with your local animal control agency and compliance with specific care standards. Failure to register is an offense.

Is it illegal to collect seashells from Texas beaches?

No (generally)Collecting empty shells from public beaches for personal use is legal. Taking live shells containing organisms like hermit crabs is prohibited. Some beaches and wildlife preserves have additional restrictions.

Is it illegal to break a window to save a child or pet in a hot car?

Civil immunity existsUnder Civil Practice and Remedies Code § 92.156, a person who uses force to enter a locked vehicle to rescue a child or animal is immune from civil liability if they reasonably believed entry was necessary, notified 911 before or after, and used no more force than necessary.

Is it illegal to dumpster dive in Texas?

No state law against itNo Texas law specifically prohibits dumpster diving. However, some cities have local ordinances restricting the practice. Taking items marked as private property or entering a dumpster behind a fence or locked area could result in theft or criminal trespass charges.

Criminal and Personal Conduct Questions

Is it illegal to hit someone in Texas?

YesAssaulting anyone is a criminal offense. Assault involving a family or household member is a crime of moral turpitude with enhanced penalties and collateral consequences for immigration, employment, and professional licensing.

Is it illegal to lie on your resume in Texas?

Not generallyLying on a resume is not a crime. However, claiming a specific degree or certification required for a job could lead to fraud charges. A person could also be sued for breach of contract. Lies on government job applications could violate the federal False Statements Act.

Is it illegal to burn money?

YesUnder Title 18 § 333 of the U.S. Code, deliberately destroying or defacing U.S. currency with intent to render it unfit for reissuance is a federal offense.

Is it illegal to leave a child unattended in a vehicle?

YesUnder Penal Code § 22.10, it is an offense to leave a child younger than seven unattended for more than five minutes without someone 14 or older present. This is a Class C misdemeanor, but more severe charges apply if the child is injured.

Is it illegal to gamble in Texas?

Generally, yesPenal Code §§ 47.01-47.10 prohibit most gambling activities. Exceptions include the state lottery, charitable bingo, licensed horse/greyhound racing, and private social gambling where no one profits beyond personal winnings.

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Miscellaneous Texas Law Questions

Is it illegal to smoke in public places in Texas?

No statewide banThere is no statewide ban. Individual cities and counties may enact their own ordinances restricting smoking in restaurants, bars, parks, and other public areas. Check local regulations.

Is it illegal to marry your cousin in Texas?

NoUnder Texas Family Code §§ 6.201 and 6.206, first cousins may marry if both are over 18. More closely related family members are prohibited from marrying.

Is it illegal for an atheist to hold office in Texas?

NoWhile the Texas Constitution mentions officials acknowledging a Supreme Being, this is unenforceable. The U.S. Supreme Court ruled in Torcaso v. Watkins (1961) that religious tests for public office violate the First Amendment.

Is it illegal to have a state income tax in Texas?

Nearly impossibleTexas Constitution Article 8, Section 24 requires voter approval via statewide referendum to enact a personal income tax. Texas remains one of the few states without one.

Is it illegal for children to operate lemonade stands?

NoTexas passed the “Lemonade Stand” law in 2019, which prevents local regulators from shutting down small beverage businesses operated by minors.

Is it illegal to shoot wild pigs from a helicopter?

NoTexas Parks and Wildlife Code § 43.1075 allows aerial hunting of feral hogs and coyotes on private land with proper permits and licenses, due to severe overpopulation and agricultural damage.

Is it illegal to buy, sell, or use fireworks in Texas?

RegulatedFireworks are legal but regulated. They may only be sold during designated holiday periods. Fireworks cannot be sold to minors under 16. Most cities prohibit discharging fireworks within city limits.

Is it illegal to fish without a license in Texas?

YesParks and Wildlife Code § 46.001 requires a valid license for fishing in public waters. Exceptions include fishing from a bank in a state park and the annual Free Fishing Day.

Is it illegal to hunt on your own property without a license?

Generally, yesParks and Wildlife Code § 42.002 requires a hunting license even on your own property. Landowners may hunt nuisance animals like feral hogs or coyotes without a license if the animals are causing property damage.

What to Expect From Varghese Summersett

If you are facing criminal charges in Texas, or if a misunderstanding of the law has led to an arrest, Varghese Summersett is ready to help. Our firm has over 100 years of combined legal experience and a proven track record, with more than 1,600 dismissals and 800 charge reductions. When you hire our team, you get more than a lawyer. You get a team of over 70 legal professionals, including board-certified specialists in criminal law, former prosecutors, and a former chief of police. We have four offices across Texas in Fort Worth, Dallas, Houston, and Southlake. We fight aggressively to protect your rights, your freedom, and your future. Call (817) 203-2220 for a free consultation.

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Frequently Asked Questions

What are the most commonly misunderstood laws in Texas?

Many Texans believe it is illegal to pick bluebonnets, drive barefoot, or turn on their dome light while driving. None of these are against state law. On the other hand, people often do not realize you can be charged with DWI for sleeping in your car while drunk, or that tracking someone with an AirTag without consent is a crime.

Can you go to jail for a Class C misdemeanor in Texas?

Class C misdemeanors are the lowest level of criminal offense and carry only a fine of up to $500, with no jail time. However, failing to pay fines or appear in court can lead to arrest. Common Class C offenses include public intoxication, minor traffic violations, and disorderly conduct.

What should you do if you are arrested for a crime you didn’t know was illegal?

Ignorance of the law is generally not a defense. If arrested, exercise your right to remain silent and ask for an attorney immediately. Do not try to explain or argue. Call Varghese Summersett at (817) 203-2220 for a free consultation.

Are Texas laws stricter than other states?

Texas tends to be tougher on DWI and weapons charges but more permissive in areas like knife laws and exotic animal ownership. The key is knowing the specific statute that applies to your situation.

Do I need a lawyer for a misdemeanor in Texas?

Even misdemeanor convictions can result in fines, jail time, a permanent criminal record, and loss of professional licenses. An experienced criminal defense attorney can help get charges reduced or dismissed. Varghese Summersett has handled thousands of misdemeanor cases across Texas.

Texas Criminal Defense Resources

General criminal defense information for Texas

Need criminal defense help in Texas? Get a free consultation. (817) 203-2220

If you have been charged with a crime in Texas, do not wait. Call Varghese Summersett at (817) 203-2220 to schedule a free consultation with an experienced criminal defense attorney.

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Is It Illegal in Texas? 50+ Surprising Laws in Texas (2026)