What is the law regarding public intoxication?

Section 49.02 of the Texas Penal Code states: “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.” Public intoxication is a Class C misdemeanor punishable by a fine up to $500.

Is a peace officer required to offer a breath or blood test to individuals before he/she cites them for public intoxication?

No. They may offer a portable breath test, but breath or blood samples are not required for a public intoxication citation.

What is the law regarding serving alcoholic beverages to an intoxicated person?

Selling an alcoholic beverage with criminal negligence to an intoxicated person is a violation of Section 101.63 of the Alcoholic Beverage Code. It is a misdemeanor punishable by a fine between $100 and $500 and/or up to a year in jail.

If a bar or restaurant is privately owned, does that make it a private place?

No. Any location permitted to sell or serve alcoholic beverages in Texas is defined as a public place. Section 1.07 of the Texas Penal Code states: “’Public place’ means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.” Furthermore, TABC agents are obligated to regularly inspect bars and restaurants.