Tex. Penal Code Section 8.04
Intoxication

(a)

Voluntary intoxication does not constitute a defense to the commission of crime.

(b)

Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.

(c)

When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.

(d)

For purposes of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Source: Section 8.04 — Intoxication, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­8.­htm#8.­04 (accessed May 26, 2025).

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May 26, 2025

§ 8.04. Intoxication's source at texas​.gov