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.