How Texas Law Turns Apartment Courtyards Into “Public Places”

You crack open a beer in the courtyard of your apartment complex after work — just a few steps from your front door. You’re on private property, you pay rent, and you’re not bothering anyone.

Then the police roll through, decide you’ve had too much, and suddenly you’re being cited or even arrested for public intoxication.

It feels absurd — but in Texas, it’s perfectly legal.

The Law: Public Intoxication in Texas

Under Texas Penal Code §49.02, it’s a criminal offense to appear in a public place while intoxicated to the degree that you “may endanger yourself or another.”

The key term isn’t intoxicated — it’s public place.

The statute defines a public place as:

“any place to which the public or a substantial group of the public has access.”

That broad phrasing covers far more than streets and bars.

Why Shared Property Counts as “Public”

Apartment complexes, duplex driveways, and shared courtyards often meet the legal definition of a “public place” because multiple unrelated people have access to them.

If the public (or any substantial group of people) can freely enter — such as other tenants, their guests, delivery drivers, or maintenance workers — the law considers that space public even if it sits behind a gate or fence.

That means the following are all fair game under §49.02:

Apartment complex courtyards
Shared laundry areas
Parking lots and carports
Walkways or breezeways
Duplex front yards or driveways

In short: if other people can walk there without your permission, it’s not “private” under Texas law.

“But I Live Here!” — Why That Doesn’t Matter

Texas courts have upheld public-intoxication arrests on residential property when that property was shared.

In State v. Nailor, for example, a defendant was found intoxicated in a shared apartment breezeway and charged under §49.02. The court ruled the area qualified as a public place because residents, guests, and maintenance workers could access it freely.

The reasoning is simple (if frustrating):

“Public” doesn’t mean government-owned. It means open to others besides you.

Your living room is private. Your courtyard is not.

What Police Look For

An officer doesn’t need to witness you causing trouble to make a public-intoxication arrest. The law allows arrest if your intoxication level is high enough that you “may endanger” yourself or others — a deliberately low threshold.

Officers often rely on discretion:

Are you unsteady, loud, or argumentative?
Are you near vehicles or pedestrians?
Are you alone and visibly impaired?

If so, they can justify the arrest, even if you’re on property you help pay for.

Penalties and Consequences

Public intoxication in Texas is a Class C misdemeanor — the same level as a traffic ticket — but it can still lead to arrest and a criminal record.

Fine: up to $500
Jail: possible overnight detention until sober
Long-term consequences: court costs, criminal history, and background-check visibility

For repeat offenses, or if minors are involved, penalties can increase or lead to probation.

Practical Takeaways

Know where you’re standing.
Shared areas — even inside gated complexes — count as public spaces.
Stay on private ground.
Your apartment interior, private fenced patio, or backyard inaccessible to others is considered private.
Be mindful of noise or visibility.
Officers often respond to disturbance calls; if they can see or hear you outside, it’s fair game for “public.”
Remember: “endanger” doesn’t mean “cause harm.”
Merely appearing impaired can meet the legal standard.

The Bigger Picture

Texas’s broad definition of “public place” often confuses residents because it doesn’t match everyday language.
To most people, an apartment courtyard is home. To the law, it’s a quasi-public space — a gray zone where privacy and accountability overlap.

That’s why Texans occasionally find themselves facing public-intoxication charges without ever leaving their property.

It’s a reminder that “private” in legal terms means exclusive, not just familiar.

Bottom Line

You can be arrested for public intoxication in your own apartment complex, even in a courtyard you use every day.
The law doesn’t care who pays rent — it cares who has access.

If others can come and go freely, the state considers it public.
And in Texas, that’s all it takes.