Bexar County, TX Public Conduct: Public Alcohol Use (2026)
Key Facts
- Public intoxication
- TX Penal 49.02
- Open container
- TX ABC 49.031
- Base offense
- Class C misdemeanor
- Fiesta zones
- TABC variance
Summary
Texas Penal Code Section 49.02 makes public intoxication a Class C misdemeanor. Texas Alcoholic Beverage Code rules and local TABC permits govern open container enforcement on Bexar County roadways and in special events such as Fiesta and River Walk venues.
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 Alcoholic Beverage Code is a public place. (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.
Full Breakdown
Texas Penal Code Section 49.02 makes public intoxication a Class C misdemeanor when a person appears in a public place while intoxicated to the degree they may endanger themselves or others. Texas Alcoholic Beverage Code Section 49.031 prohibits open containers in the passenger area of vehicles on public roadways. Bexar County deputies and constables enforce both statutes. Designated entertainment districts, including portions of downtown San Antonio and Fiesta event footprints, may receive special TABC variances allowing open consumption inside permitted boundaries. Outside those zones, open containers in parks, sidewalks, and parking lots remain restricted by local ordinance.
Violations & Fines
Public intoxication and open-container offenses are typically Class C misdemeanors with fines up to 500 dollars. Three convictions for public intoxication within 24 months can elevate to a Class B misdemeanor with possible jail time and higher fines.
Frequently Asked Questions
Can I drink on the River Walk?
What happens if a passenger has an open beer?
Sources & Official References
Other rules in Bexar County
Texas rules heatmap·Compare Bexar County to another location·View the Texas public conduct overview
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