Austin Community Court

The City of Austin has set up a new model of the Municpal Court.

The Kind of offenses adjudicated at the Community Court are "public order offenses," such as public intoxication , possession of drug paraphernalia , disorderly conduct, and simple assault. 

Some examples of "public order offenses include: 

§ 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.

(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.

(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

(d) An offense under this section is not a lesser included offense under Section 49.04.

(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

Austin Public Intoxication Lawyer

§ 42.01. DISORDERLY CONDUCT.  (a) A person commits an

offense if he intentionally or knowingly:

                        (1)  uses abusive, indecent, profane, or vulgar

language in a public place, and the language by its very utterance

tends to incite an immediate breach of the peace;

                        (2)  makes an offensive gesture or display in a public

place, and the gesture or display tends to incite an immediate

breach of the peace;

                        (3)  creates, by chemical means, a noxious and

unreasonable odor in a public place;

                        (4)  abuses or threatens a person in a public place in

an obviously offensive manner;

                        (5)  makes unreasonable noise in a public place other

than a sport shooting range, as defined by Section 250.001, Local

Government Code, or in or near a private residence that he has no

right to occupy;

                        (6)  fights with another in a public place;                                  

                        (7)  discharges a firearm in a public place other than a

public road or a sport shooting range, as defined by Section

250.001, Local Government Code;

                        (8)  displays a firearm or other deadly weapon in a

public place in a manner calculated to alarm;

                        (9)  discharges a firearm on or across a public road;                        

                        (10)  exposes his anus or genitals in a public place and

is reckless about whether another may be present who will be

offended or alarmed by his act;  or

                        (11)  for a lewd or unlawful purpose:                                        

                                    (A)  enters on the property of another and looks

into a dwelling on the property through any window or other opening

in the dwelling;

                                    (B)  while on the premises of a hotel or

comparable establishment, looks into a guest room not the person's

own through a window or other opening in the room;  or

                                    (C)  while on the premises of a public place,

looks into an area such as a restroom or shower stall or changing or

dressing room that is designed to provide privacy to a person using

the area.

            (b)  It is a defense to prosecution under Subsection (a)(4)

that the actor had significant provocation for his abusive or

threatening conduct.

            (c)  For purposes of this section:                                            

                        (1)  an act is deemed to occur in a public place or near

a private residence if it produces its offensive or proscribed

consequences in the public place or near a private residence;  and

                        (2)  a noise is presumed to be unreasonable if the noise

exceeds a decibel level of 85 after the person making the noise

receives notice from a magistrate or peace officer that the noise is

a public nuisance.

            (d)  An offense under this section is a Class C misdemeanor

unless committed under Subsection (a)(7) or (a)(8), in which event

it is a Class B misdemeanor.

            (e)  It is a defense to prosecution for an offense under

Subsection (a)(7) or (9) that the person who discharged the firearm

had a reasonable fear of bodily injury to the person or to another

by a dangerous wild animal as defined by Section 822.101, Health and

Safety Code.

Austin Public Intoxication Lawyer

§ 481.125. OFFENSE:  POSSESSION OR DELIVERY OF DRUG

PARAPHERNALIA.  (a) 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.

            (b)  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.

            (c)  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.

            (d)  An offense under Subsection (a) is a Class C

misdemeanor.              

            (e)  An offense under Subsection (b) is a Class A

misdemeanor, unless it is shown on the trial of a defendant that the

defendant has previously been convicted under Subsection (b) or

(c), in which event the offense is punishable by confinement in jail

for a term of not more than one year or less than 90 days.

            (f)  An offense under Subsection (c) is a state jail felony.

Austin Public Intoxication Lawyer

 Excerpt from the definitions section under the Health and Safety Code. 

(17)  "Drug paraphernalia" means equipment, a product,

or material that is used or intended for use in planting,

propagating, cultivating, growing, harvesting, manufacturing,

compounding, converting, producing, processing, preparing,

testing, analyzing, packaging, repackaging, storing, containing,

or concealing a controlled substance in violation of this chapter

or in injecting, ingesting, inhaling, or otherwise introducing into

the human body a controlled substance in violation of this chapter. 

The term includes:

                                    (A)  a kit used or intended for use in planting,

propagating, cultivating, growing, or harvesting a species of plant

that is a controlled substance or from which a controlled substance

may be derived;

                                    (B)  a material, compound, mixture, preparation,

or kit used or intended for use in manufacturing, compounding,

converting, producing, processing, or preparing a controlled

substance;

                                    (C)  an isomerization device used or intended for

use in increasing the potency of a species of plant that is a

controlled substance;

                                    (D)  testing equipment used or intended for use in

identifying or in analyzing the strength, effectiveness, or purity

of a controlled substance;

                                    (E)  a scale or balance used or intended for use in

weighing or measuring a controlled substance;

                                    (F)  a dilutant or adulterant, such as quinine

hydrochloride, mannitol, inositol, nicotinamide, dextrose,

lactose, or absorbent, blotter-type material, that is used or

intended to be used to increase the amount or weight of or to

transfer a controlled substance regardless of whether the dilutant

or adulterant diminishes the efficacy of the controlled substance;

                                    (G)  a separation gin or sifter used or intended

for use in removing twigs and seeds from or in otherwise cleaning or

refining marihuana;

                                    (H)  a blender, bowl, container, spoon, or mixing

device used or intended for use in compounding a controlled

substance;

                                    (I)  a capsule, balloon, envelope, or other

container used or intended for use in packaging small quantities of

a controlled substance;

                                    (J)  a container or other object used or intended

for use in storing or concealing a controlled substance;

                                    (K)  a hypodermic syringe, needle, or other object

used or intended for use in parenterally injecting a controlled

substance into the human body;  and

                                    (L)  an object used or intended for use in

ingesting, inhaling, or otherwise introducing marihuana, cocaine,

hashish, or hashish oil into the human body, including:

                                                (i)  a metal, wooden, acrylic, glass, stone,

plastic, or ceramic pipe with or without a screen, permanent

screen, hashish head, or punctured metal bowl;

                                                (ii)  a water pipe;                                                        

                                                (iii)  a carburetion tube or device;                                       

                                                (iv)  a smoking or carburetion mask;                                       

                                                (v)  a chamber pipe;                                                        

                                                (vi)  a carburetor pipe;                                                   

                                                (vii)  an electric pipe;                                                   

                                                (viii)  an air-driven pipe;                                                 

                                                (ix)  a chillum;                                                           

                                                (x)  a bong;  or                                                           

                                                (xi)  an ice pipe or chiller.