P.C. 38.152 -
(b) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the actor committed the offense with the intent to:
(1) facilitate the commission of another offense; or
(2) interfere with the ability of a law enforcement agency, a fire department, or an emergency medical services provider to respond to an emergency.
(c) In this section:
(1) "Emergency" has the meaning assigned by Section 38.15.
(2) "Emergency medical services provider" has the meaning assigned by Section 773.003, Health and Safety Code.
(3) "Law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
(d) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.