Tex.
Penal Code Section 49.02
Public Intoxication
(a)
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.(a-1)
For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.(b)
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.(c)
Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.(d)
An offense under this section is not a lesser included offense under Section 49.04 (Driving While Intoxicated).(e)
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.
Source:
Section 49.02 — Public Intoxication, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm#49.02 (accessed Apr. 29, 2024).
