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.
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.
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.
See how San Antonio's public alcohol use rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.