Chapter 49 of the Texas Penal Code defines intoxication and alcoholic beverage related offenses.
“Public Intoxication”, as per § 49.02 of the Texas Penal Code, occurs when a person appears in a public place while intoxicated to the degree that the person may endanger the person or another. For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.
It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.
An offense under this section is a Class C misdemeanor.
An offense under this section is not a lesser included offense under Section 49.04.
An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.
- Fine not to exceed $500