(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.
NOTE: This information is NOT LEGAL ADVICE. It is provided for EDUCATIONAL USE ONLY. If you need
legal advice regarding a criminal matter in the state of Texas, please
contact us
at (512) 478-0758 or fill out a brief
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