Art. 8.04. DISPERSING RIOT.  Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of every magistrate or peace officer to cause such persons to disperse.  This may either be done by commanding them to disperse or by arresting the persons engaged, if necessary, either with or without warrant.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.