Texas Penal Code, Chapter 49 – Intoxication and Alcoholic Beverage Offenses

Texas Penal Code, § 49.02. PUBLIC INTOXICATION.

  1. (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 premise licensed or permitted under the Alcoholic Beverage Code is a public place.
  2. 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.
  3. Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
  4. An offense under this section is not a lesser included offense under Section 49.04.
  5. 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.

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