Tex. Penal Code Section 49.02
Public Intoxication


A person commits an offense if the 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.


Except as provided by Subsection (e), 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 (Driving While Intoxicated).


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 (Punishment for Alcohol-related Offense by Minor), Alcoholic Beverage Code, applies.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 25, eff. September 1, 2007.

Source: Section 49.02 — Public Intoxication, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­49.­htm#49.­02 (accessed Nov. 25, 2023).

Nov. 25, 2023

§ 49.02’s source at texas​.gov