{"data":{"id":"us-tx/tex.-penal-code-49.02","jurisdiction":"us-tx","citation":"Tex. Penal Code § 49.02","heading":"PUBLIC INTOXICATION.","body":"(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.\n(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.\n(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.\n(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.\n(d) An offense under this section is not a lesser included offense under Section 49.04.\n(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.\nAdded 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.\nAmended by:\nActs 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 25, eff. September 1, 2007.","path":["PENAL CODE","TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS","CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES"],"source_url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm#49.02","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:34Z","sha256":"8e1697a73747c64e06af938304f425af825ed7ff5388d33117f2bcb3fac8e710","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-penal-code-49.01","next":"us-tx/tex.-penal-code-49.031"},"notice":"GroundRules: Original legal text. Not legal advice."}