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Texas Statutes, Title PE

Texas/Statutes

← All Texas coverage

Title PE, Penal Code

41 chapters · 464 sections in this title.

All chapters in Title PE464 Ch 32, Chapter 3233 Ch 38, Chapter 3830 Ch 12, Chapter 1227 Ch 42, Chapter 4226 Ch 9, Chapter 924 Ch 31, Chapter 3123 Ch 43, Chapter 4323 Ch 37, Chapter 3717 Ch 46, Chapter 4617 Ch 21, Chapter 2115 Ch 22, Chapter 2215 Ch 25, Chapter 2515 Ch 49, Chapter 4915 Ch 47, Chapter 4711

15 sections·Filtered byTitle PE✕Ch 49✕

Tex. Penal Code § 49.01 Definitions
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Sec. 49.01. DEFINITIONS. In this chapter: (1) "Alcohol concentration" means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters of urine. (2) "Intoxicated" means: (A) not having the normal use of mental or physical fac…
Tex. Penal Code § 49.02 Public Intoxication
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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. (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholi…
Tex. Penal Code § 49.031 Possession of Alcoholic Beverage In Motor Vehicle
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Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section: (1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of whi…
Tex. Penal Code § 49.04 Driving While Intoxicated
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Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsections (c), (d), and (e) and Section 49.09, an offense under this section is a Class B misdemeanor…

Tex. Penal Code § 49.045 Driving While Intoxicated With Child Passenger

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Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (a) 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 yea…

Tex. Penal Code § 49.05 Flying While Intoxicated

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Sec. 49.05. FLYING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating an aircraft. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. Added b…

Tex. Penal Code § 49.06 Boating While Intoxicated

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Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a watercraft. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. Added…

Tex. Penal Code § 49.061 Boating While Intoxicated With Child Passenger

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Sec. 49.061. BOATING WHILE INTOXICATED WITH CHILD PASSENGER. (a) A person commits an offense if: (1) the person is intoxicated while operating a watercraft; and (2) the watercraft being operated by the person is occupied by a passenger who is younger than 15 years of age. (b) An …

Tex. Penal Code § 49.065 Assembling Or Operating An Amusement Ride While Intoxicated

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Sec. 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. (b) Except as provided by Subsection (c) and Section 49.09, an off…

Tex. Penal Code § 49.07 Intoxication Assault

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Sec. 49.07. INTOXICATION ASSAULT. (a) 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 int…

Tex. Penal Code § 49.08 Intoxication Manslaughter

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Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) 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 intox…

Tex. Penal Code § 49.09 Enhanced Offenses and Penalties

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Sec. 49.09. ENHANCED OFFENSES AND PENALTIES. (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has p…

Tex. Penal Code § 49.10 No Defense

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Sec. 49.10. NO DEFENSE. In a prosecution under Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense. Ad…

Tex. Penal Code § 49.11 Proof of Mental State Unnecessary

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Sec. 49.11. PROOF OF MENTAL STATE UNNECESSARY. (a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter. (b) Subsection (a) does not apply to an offense under Section 49.031. Added by Acts 1995, 74th Leg…

Tex. Penal Code § 49.12 Applicability To Certain Conduct

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Sec. 49.12. APPLICABILITY TO CERTAIN CONDUCT. Sections 49.07 and 49.08 do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child. Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.05, eff. Sept. 1, 2003.