Texas Laws: Penal Code
Chapter 49 Intoxication and Alcoholic Beverage Offenses
Texas Laws > Penal Code > Chapter 49 > Section 49.02
Section 49.02. Public Intoxication
Section: Previous 47.08 47.09 47.10 48.01 48.015 48.02 49.01 49.02 49.031 49.04 49.045 49.05 49.06 49.065 49.07 Next§ 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. (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. Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1013, § 12, eff. Sept. 1, 1997.