Use of Force & Arrest · §9.21

Public Duty

Public Duty is covered under §9.21 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Framework" on practice exams.

To prove this offense, the State must establish each of the following elements: Reasonable belief conduct is required/authorized by law, court order, or legal process; Public-servant order alone insufficient for deadly force absent separate authority.

Elements you must prove

  • Reasonable belief conduct is required/authorized by law, court order, or legal process
  • Public-servant order alone insufficient for deadly force absent separate authority

Practice 1 question on this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

Under §9.21 (Public Duty), a person is justified in using force when:

  1. Anytime acting in their job
  2. The actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or governmental tribunal, or in the execution of legal process Correct
  3. Anytime ordered by a supervisor
  4. Only if a warrant is presented
Why: Public duty justification covers conduct authorized by law or required by a court order or legal process — but a public servant's order alone (without underlying legal authority) is insufficient to justify the use of deadly force, except as separately authorized.
Statute: Tex. Penal Code §9.21

Statutory definitions for this topic

Public duty Tex. Penal Code §9.21
A justification when the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or governmental tribunal, or in the execution of legal process.