The court may grant an annulment of a marriage to a party to the marriage if:
(1) at the time of the marriage the petitioner was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage; and
(2) the petitioner has not voluntarily cohabited with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended.
Official text of the Texas Family Code as published by the Texas Legislative Council.