| SECTION | TEXAS PENAL CODE OFFENSES |
| 49.02 | 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. |
| 49.031 | A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense |
| 49.04 | A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place |
| 49.045 | A person commits an offense if: (1) the person is intoxicated while operating a motor vehicle in a public place; and (2) The vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age. (b) An offense under this section is a state jail felony. |
| 49.05 | A person commits an offense if the person is intoxicated while operating an aircraft. |
| 49.06 | A person commits an offense if the person is intoxicated while operating a watercraft. |
| 49.07 | A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another. |
| 49.08 | A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake (b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree. |
| SECTION | TEXAS ALCOHOL BEVERAGE CODE OFFENSES |
| 106.02-106.025 | A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code. (b) An offense under this section is punishable as provided by Section 106.071. |
| 106.04 | A minor commits an offense if he consumes an alcoholic beverage. |
| 106.041 | A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. |
| 106.05 | A minor commits an offense if he possesses an alcoholic beverage. |
| 106.06 | A person commits an offense if he purchases an alcoholic beverage for or gives or makes available an alcoholic beverage to a minor with criminal negligence. An offense under this section is a Class A misdemeanor |
| 106.07 | A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages. |
| 106.071 | This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07 If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: (1) a fine of not less than $250 or more than $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both the fine and confinement. |
| View a complete list of Texas Alcohol Beverage Code Offenses. | |
| SECTION | TEXAS HEALTH & SAFETY CODE OFFENSES |
| 481.112-481.119 | A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance. |
| 481.120 | A person commits an offense if the person knowingly or intentionally delivers marijuana. Maximum punishment can be imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000 |
| 481.122 | A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 or knowingly delivers marijuana and the person delivers the controlled substance or marijuana to a person: (1) who is a child; (2)who is enrolled in a public or private primary or secondary school; or (3) who the actor knows or believes intends to deliver the controlled substance or marijuana to a person described by Subdivision (1) or (2). |
| 481.125 | A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. A person commits an offense if the person commits an offense under Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor. |
See a complete list of Texas Health & Safety Code Offenses.
Local Law
The City of Austin adheres to federal and state laws regulating the possession and use of controlled substances and alcohol. The city of Austin Code of Ordinances includes various ordinances addressing violations and penalties regarding prohibiting activities such as drugs, chemicals and other controlled substances including but not limited to:
A commits an offense if the person loiters in a public place in a manner and under circumstances manifesting the purposes of selling a controlled substance, dangerous drug, simulated controlled substance, or volatile chemical in violation of the state law. (City of Austin, Code Ordinances Chapter 9 Article 5. 9-5-6).
A person commits an offense if the person knowingly requests, commands, or induces another person to donate, sell, transfer, or deliver a prohibited drug to the person making the request or to or another person. (City of Austin, Code of Ordinances Chapter 9 Article 2. 9-5-11).
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