Opinion No.

The Honorable Richard J. Miller Bell County Attorney P.O. Box 1127 Belton, Texas 76513

Re: Whether a refusal to permit a constable to enter the restricted area of a business in order to serve civil process constitutes an offense under section 38.16 of the Penal Code (RQ-0056-GA)

Dear Mr. Miller:

You inquire about the proper construction of section 38.16 of the Penal Code. That statute provides:(a) A person commits an offense if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.(b) It is an exception to the application of this section…