§ 49.01 Definitions
§ 49.02 Public Intoxication
§ 49.031 Possession of Alcoholic Beverage in Motor Vehicle
§ 49.04 Driving While Intoxicated
§ 49.045 Driving While Intoxicated With Child Passenger
§ 49.05 Flying While Intoxicated
§ 49.06 Boating While Intoxicated
§ 49.061 Boating While Intoxicated With Child Passenger
§ 49.065 Assembling or Operating an Amusement Ride While Intoxicated
§ 49.07 Intoxication Assault
§ 49.08 Intoxication Manslaughter
§ 49.09 Enhanced Offenses and Penalties
§ 49.10 No Defense
§ 49.11 Proof of Mental State Unnecessary
§ 49.12 Applicability to Certain Conduct

Terms Used In Texas Penal Code Chapter 49 - Intoxication and Alcoholic Beverage Offenses

  • Alcoholic beverage: has the meaning assigned by § 1. See Texas Penal Code 1.07
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
  • Claims: includes :
    (1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
    (2) funeral expenses;
    (3) the expense of a tombstone;
    (4) expenses of administration;
    (5) estate and inheritance taxes; and
    (6) debts due such estates. See Texas Estates Code 22.005
  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Controlled substance: has the meaning assigned by § 481. See Texas Penal Code 1.07
  • Conviction: A judgement of guilt against a criminal defendant.
  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Penal Code 1.07
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Drug: has the meaning assigned by § 481. See Texas Penal Code 1.07
  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
  • Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lien: include :
    (1) a deed of trust;
    (2) a vendor's lien, a mechanic's, materialman's, or laborer's lien, an attachment or garnishment lien, and a federal or state tax lien;
    (3) a chattel mortgage;
    (4) a judgment; and
    (5) a pledge by hypothecation. See Texas Estates Code 22.024
  • Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
  • Month: means a calendar month. See Texas Government Code 312.011
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
  • personal representative: include :
    (1) an executor and independent executor;
    (2) an administrator, independent administrator, and temporary administrator; and
    (3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031
  • Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
  • Public place: means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. See Texas Penal Code 1.07
  • Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Penal Code 1.07
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005