Tex. Penal Code § 49.02 · Chapter 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
PUBLIC INTOXICATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
(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, Alcoholic Beverage Code, applies.
Notes and commentary — not statutory text
History
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 of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm
- Text hash
- sha256 f9a77b5c9c7ba001314bbbc61769c08dc5eaf3edd3844d0f6740ed4b371846c1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 15 provisions
Provisions in this library whose text cites Tex. Penal Code § 49.02. Each shows the citation as that text prints it.
Alcoholic Beverage Code
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 2A.002SPECIAL INVESTIGATORS.Printed as Section 49.02, 49.04, 49.07, or 49.08, Penal Code
- Tex. Code Crim. Proc. art. 14.03AUTHORITY OF PEACE OFFICERS.Printed as Section 49.02, Penal Code
- Tex. Code Crim. Proc. art. 14.031PUBLIC INTOXICATION.Printed as Section 49.02, Penal Code
- Tex. Code Crim. Proc. art. 14.06MUST TAKE OFFENDER BEFORE MAGISTRATE.Printed as Section 49.02, Penal Code
- Tex. Code Crim. Proc. art. 42A.409COMMUNITY SUPERVISION FOR ENHANCED PUBLIC INTOXICATION OFFENSE.Printed as Section 49.02 or 42.01, Penal Code | Section 49.02, Penal Code
- Tex. Code Crim. Proc. art. 42A.510COMMUNITY SUPERVISION FOR ENHANCED DISORDERLY CONDUCT OFFENSE.Printed as Section 42.01 or 49.02, Penal Code
- Tex. Code Crim. Proc. art. 42A.514COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR DRUG RELATED OFFENSES.Printed as Section 49.02, Penal Code
- Tex. Code Crim. Proc. art. 45A.453CHILD TAKEN INTO CUSTODY.Printed as Section 49.02, Penal Code
- Tex. Code Crim. Proc. art. 102.018REIMBURSEMENT FEES AND EXPENSES ATTENDANT TO INTOXICATION CONVICTIONS.Printed as Section 49.02 or 49.03, Penal Code
Family Code
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