It does not. From the Texas Penal Code:
§ 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.This story was on the local news last night, including tape of the arrests. The people I saw and heard were able to walk and converse coherently, and did not appear to be a danger to anybody. The bartender, a young woman, was sobbing at being arrested for doing her job. I hate this kind of shakedown and intimidation.
Unfortunately, the law is vague enough that it appears to rely entirely on the subjective judgment of the arresting officer, so I am not sure what defense you could even offer, other than the word of other witnesses, if you could track them down.
I wonder how many real crimes were committed within the jursidiction while this "sting" was going on.
And who is going to take the word of somebody in a bar?