Sec. 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.
For the charge to be applied, the state must prove not only that the person was intoxicated, but that it was to a degree that they may endanger themselves of another. It is also a defense if the person was administered the substance as a part of the person’s professional medical treatment by a licensed physician.