Health & Safety Code · §81.085

Area Quarantine

Area Quarantine (§81.085): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Area quarantine order published; knowing failure or refusal to obey: 3rd-degree felony (§81.085(h))
  • Refusing ordered control measures (§§81.083–81.086): Class B (§81.087)
  • Peace officers may use reasonable force to secure a quarantine area (§81.085(j))

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Worked examples

Worked example 1

During an area quarantine imposed under HSC §81.085, a person knowingly refuses to obey a published order of the health authority issued under a department rule. What level of offense is this?

  1. Class C misdemeanor
  2. Felony of the third degree Correct
  3. Class B misdemeanor
  4. Not criminal — civil penalty only
Why: §81.085(h): a person commits an offense if the person knowingly fails or refuses to obey a rule, order, or instruction of the department, or an order or instruction of a health authority issued under a department rule, published during an area quarantine. The offense is a felony of the third degree. By contrast, knowingly refusing to perform or allow control measures ordered under §§81.083–81.086 is a Class B misdemeanor (§81.087).
Statute: Tex. Health & Safety Code §81.085(h); §81.087

Statutory definitions for this topic

Quarantine / isolation violation Tex. Health & Safety Code §81.085(h); §81.087
Knowingly failing or refusing to obey a published department rule, order, or instruction (or a health authority order issued under a department rule) during an area quarantine is a felony of the third degree (§81.085(h)). Knowingly refusing to perform or allow control measures ordered under §§81.083–81.086 is a Class B misdemeanor (§81.087).