Texas Laws - Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS

(9) possession of a narcotic or synthetic cannabinoid or any equipment used or designed for the administering of a narcotic or a synthetic cannabinoid or permitting a person on the licensed premises to do so. (4660)

(b) For purposes of Subsection (a)(4), a solicitation is presumed if an alcoholic beverage is sold or offered for sale for an amount in excess of the retailer's listed, advertised, or customary price. The presumption may be rebutted only by evidence presented under oath. (4661)

(c) In this section, "synthetic cannabinoid" means a substance included in Penalty Group 2-A under Section 481.1031, Health and Safety Code. (4662)

Acts 1977, 65th Leg., p. 510, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 204, ch. 114, Sec. 1, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 303, Sec. 7, eff. June 11, 1987; Acts 1989, 71st Leg., ch. 1200, Sec. 2, eff. June 16, 1989. (4663)

Amended by: (4664)

Acts 2015, 84th Leg., R.S., Ch. 825 (H.B. 3982), Sec. 2, eff. September 1, 2015. (4665)

Acts 2017, 85th Leg., R.S., Ch. 539 (S.B. 341), Sec. 2, eff. September 1, 2017. (4666)

Sec. 104.02. BLINDS AND BARRIERS. (4667)(1-click HTML)

(a) No person may install or maintain a blind or barrier in the opening or door of a retail alcoholic beverage establishment or paint the windows, at or above a point 54 inches above the ground or sidewalk beneath the window, in a manner that will obstruct the view of the general public. (4668)

(b) No person may install or maintain a curtain, hanging, sign, or other obstruction that prevents a clear view of the interior of a package store or wine only package store, except a drug store that holds one of those permits may display drug merchandise notwithstanding this subsection. (4669)

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4670)

Sec. 104.03. CONSPIRACY; ACCEPTING UNLAWFUL BENEFIT. (4671)(1-click HTML)

A retail dealer or his agent, servant, or employee commits an offense if he conspires with another person to violate or accepts the benefits of a violation of this code or a valid rule of the commission. (4672)

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4673)

Sec. 104.04. DRAFT MALT BEVERAGE DISPENSER: SIGN REQUIRED. (4674)(1-click HTML)

No retail dealer may dispense draft beer, malt liquor, or ale unless each faucet or other dispensing apparatus is equipped with a sign clearly indicating the name or brand of the product being dispensed through the faucet or apparatus. The sign must be in full sight of the purchaser, and the letters on it must be legible. (4675)

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4676)

Amended by: (4677)

Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 17, eff. September 1, 2013. (4678)

Sec. 104.05. SALE IN ORIGINAL PACKAGING. (4679)(1-click HTML)

(a) This section applies to a permittee or licensee who is authorized to sell beer, malt liquor, or ale to an ultimate consumer for consumption off the permitted or licensed premises. (4680)

(b) The holder of a permit or license described in Subsection (a) of this section may resell beer, malt liquor, or ale only in the packaging in which the holder received the beer, malt liquor, or ale or may resell the contents of the packages as individual containers. (4681)

(c) Except for purposes of resale as individual containers, a licensee or permittee may not: (4682)

(1) mutilate, tear apart, or cut apart original packaging in which beer, malt liquor, or ale was received; or (4683)

(2) repackage beer, malt liquor, or ale in a manner misleading to the consumer or that results in required labeling being omitted or obscured. (4684)

(d) Nothing in this code prevents a retailer from making a claim for the replacement of alcoholic beverages delivered to the retailer by a wholesaler or distributor in a damaged condition. A wholesaler or distributor may not give a refund for or replace alcoholic beverages that were damaged while in the possession of the retailer. (4685)

(e) To assure and control product quality, the holder of a distributor's license, wholesaler's permit, or class B wholesaler's permit, at the time of a regular delivery, may withdraw, with the permission of the retailer, a quantity of beer, ale, or malt liquor in its undamaged original packaging from the retailer's stock, if: (4686)

(1) the distributor, wholesaler, or class B wholesaler replaces the stock with beer, ale, or malt liquor of identical brands, quantities, and packages as the beer, ale, or malt liquor withdrawn; (4687)

(2) the stock is withdrawn before the date considered by the manufacturer of the product to be the date the product becomes inappropriate for sale to a consumer; and (4688)

(3) the quantity of stock withdrawn does not exceed the equivalent of 25 cases of 24 12-ounce containers. (4689)

(f) A consignment sale of an alcoholic beverage is not authorized under Subsection (e) of this section. (4690)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 68, eff. Sept. 1, 1993. (4691)

Amended by: (4692)

Acts 2007, 80th Leg., R.S., Ch. 417 (S.B. 1215), Sec. 1, eff. September 1, 2007. (4693)

Sec. 104.06. MONITORING OF GROSS RECEIPTS. (4694)(1-click HTML)

(a) On the issuance and renewal of a license or permit that allows on-premises consumption of any alcoholic beverage the commission shall determine whether the holder receives, or for the issuance of a license or permit is to receive, 51 percent or more of the gross receipts of the premises for which the license or permit is issued from the holder's sale or service of alcoholic beverages for on-premises consumption. (4695)

(b) The commission shall: (4696)

(1) adopt rules for making a determination under Subsection (a); and (4697)

(2) require a holder of a license or permit to provide any information or document that the commission needs to make a determination. (4698)

(c) If the commission makes a determination under Subsection (a) that a holder of a license or permit receives 51 percent or more of the gross receipts of the premises from the sale or service of alcoholic beverages, the holder shall comply with the requirements of Section 411.204, Government Code, and shall continue to comply with those requirements until the commission determines that the holder receives less than 51 percent of the gross receipts of the premises from the sale or service of alcoholic beverages for on-premises consumption. (4699)

Added by Acts 1997, 75th Leg., ch. 1261, Sec. 20, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.22, eff. Sept. 1, 1999. (4700)

Sec. 104.07. POSTING OF CERTAIN NOTICES REQUIRED. (4701)(1-click HTML)

(a) The holder of a permit or license under Chapter 25, 26, 28, 32, 69, or 71, other than the holder of a food and beverage certificate, shall display a sign containing the following notice in English and in Spanish: (4702)

WARNING: Obtaining forced labor or services is a crime under Texas law. Call the national human trafficking hotline: 1-888-373-7888. You may remain anonymous. (4703)

(b) The sign must be at least 8-1/2 inches high and 11 inches wide and displayed in a conspicuous manner clearly visible to the public and employees of the permit or license holder. The English notice must cover approximately two-thirds of the sign, and the Spanish notice must cover approximately one-third of the sign. (4704)

Added by Acts 2007, 80th Leg., R.S., Ch. 155 (S.B. 1287), Sec. 1, eff. September 1, 2007. (4705)

CHAPTER 105. HOURS OF SALE AND CONSUMPTION (4706)(1-click HTML)

Sec. 105.01. HOURS OF SALE: LIQUOR. (4707)(1-click HTML)

(a) Except as provided in Sections 105.02, 105.03, 105.04, and 105.08, no person may sell, offer for sale, or deliver any liquor: (4708)

(1) on New Year's Day, Thanksgiving Day, or Christmas Day; (4709)

(2) on Sunday; or (4710)

(3) before 10 a.m. or after 9 p.m. on any other day. (4711)

(b) When Christmas Day or New Year's Day falls on a Sunday, Subsection (a) of this section applies to the following Monday. (4712)

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1973, ch. 777, Sec. 23, eff. Aug. 27, 1979. (4713)

Amended by: (4714)

Acts 2005, 79th Leg., Ch. 84 (S.B. 571), Sec. 1, eff. May 17, 2005. (4715)

Sec. 105.02. HOURS OF SALE: WHOLESALERS AND LOCAL DISTRIBUTORS TO RETAILERS. (4716)(1-click HTML)

(a) A holder of a wholesaler's permit may sell, offer for sale, or deliver liquor to a retailer anytime except Sunday and Christmas Day. (4717)

(b) A local distributor's permittee may sell, offer for sale, or deliver liquor to a retailer between 5 a.m. and 9 p.m. on any day except: (4718)

(1) Sunday; (4719)

(2) Christmas Day; or (4720)

(3) a day on which a package store permittee is prohibited from selling liquor. (4721)

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 1183, ch. 453, Sec. 10, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1973, ch. 777, Sec. 23, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 934, Sec. 69, eff. Sept. 1, 1993. (4722)

Amended by: (4723)

Acts 2009, 81st Leg., R.S., Ch. 7 (H.B. 2594), Sec. 1, eff. May 5, 2009. (4724)

Sec. 105.03. HOURS OF SALE: MIXED BEVERAGES. (4725)(1-click HTML)

(a) No person may sell or offer for sale mixed beverages at any time not permitted by this section. (4726)

(b) A mixed beverage permittee may sell and offer for sale mixed beverages between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell mixed beverages between midnight and 1:00 a.m. and between 10 a.m. and midnight, except that an alcoholic beverage served to a customer between 10 a.m. and 12 noon on Sunday must be provided during the service of food to the customer. (4727)

(c) In a city or county having a population of 800,000 or more, according to the last preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on March 12, 2001, a holder of a mixed beverage late hours permit may also sell and offer for sale mixed beverages between midnight and 2 a.m. on any day. (4728)

(d) In a city or county other than a city or county described by Subsection (c), the extended hours prescribed in Subsection (c) of this section are effective for the sale of mixed beverages and the offer to sell them by a holder of a mixed beverages late hours permit: (4729)

(1) in the unincorporated areas of the county if the extended hours are adopted by an order of the commissioners court; and (4730)

(2) in an incorporated city or town if the extended hours are adopted by an ordinance of the governing body of the city or town. (4731)

(e) A violation of a city ordinance or order of a commissioners court adopted pursuant to Subsection (d) of this section is a violation of this code. (4732)

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 923, Sec. 2, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 70, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 685, Sec. 1, eff. Sept. 1, 2003. (4733)

Amended by: (4734)

Acts 2005, 79th Leg., Ch. 521 (H.B. 833), Sec. 1, eff. June 17, 2005. (4735)

Sec. 105.04. HOURS OF SALE: WINE AND BEER RETAILER. (4736)(1-click HTML)

The hours of sale and delivery for alcoholic beverages sold under a wine and beer retailer's permit or a wine and beer retailer's off-premise permit are the same as those prescribed for the sale of beer under Section 105.05 of this code, except that no sale shall be allowed between 2 a.m. and noon on Sunday. (4737)

Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 71, eff. Sept. 1, 1993. (4738)

Sec. 105.05. HOURS OF SALE: BEER. (4739)(1-click HTML)

(a) No person may sell, offer for sale, or deliver beer at any time not permitted by this section. (4740)

(b) A person may sell, offer for sale, or deliver beer between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell beer between midnight and 1:00 a.m. and between noon and midnight, except that permittees or licensees authorized to sell for on-premise consumption may sell beer between 10:00 a.m. and noon if the beer is served to a customer during the service of food to the customer. (4741)

(c) In a city or county having a population of 800,000 or more, according to the last preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on March 12, 2001, a holder of a retail dealer's on-premise late hours license may also sell, offer for sale, and deliver beer between midnight and 2 a.m. on any day. (4742)

(d) In a city or county other than a city or county described by Subsection (c), the extended hours prescribed in Subsection (c) of this section, or any part of the extended hours prescribed in Subsection (c) of this section are effective for the sale, offer to sell, and delivery of beer by a holder of a retail dealer's on-premise late hours license: (4743)

(1) in the unincorporated areas of the county if the extended hours are adopted by an order of the commissioners court; and (4744)

(2) in an incorporated city or town if the extended hours are adopted by an ordinance of the governing body of the city or town. (4745)

(e) A violation of a city ordinance or order of a commissioners court adopted pursuant to Subsection (d) of this section is a violation of this code. (4746)

Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1970, ch. 777, Sec. 13, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 923, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 72, 73, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 685, Sec. 2, eff. Sept. 1, 2003. (4747)

Amended by: (4748)

Acts 2005, 79th Leg., Ch. 521 (H.B. 833), Sec. 2, eff. June 17, 2005. (4749)

Sec. 105.051. SALE OF BEER BY DISTRIBUTOR'S LICENSEE. (4750)(1-click HTML)

The holder of a general, local, or branch distributor's license may sell, offer for sale, or deliver beer 24 hours a day Monday through Saturday and between midnight and 1 a.m. and between noon and midnight on Sunday. (4751)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 74, eff. Sept. 1, 1993. (4752)

Amended by: (4753)

Acts 2009, 81st Leg., R.S., Ch. 7 (H.B. 2594), Sec. 2, eff. May 5, 2009. (4754)

Sec. 105.06. HOURS OF CONSUMPTION. (4755)(1-click HTML)

(a) In this section: (4756)

(1) "Extended hours area" means an area subject to the extended hours of sale provided in Section 105.03 or 105.05 of this code. (4757)

(2) "Standard hours area" means an area which is not an extended hours area. (4758)

(a-1) For the purposes of this section, a licensed or permitted premises is a public place. (4759)

(b) In a standard hours area, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 1:15 a. m. and 12 noon or on any other day between 12:15 a. m. and 7 a. m. (4760)

(c) In an extended hours area, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 2:15 a. m. and 12 noon and on any other day between 2:15 a. m. and 7 a. m. (4761)

(d) Proof that an alcoholic beverage was possessed with intent to consume in violation of this section requires evidence that the person consumed an alcoholic beverage on that day in violation of this section. (4762)

(e) An offense under this section is a Class C misdemeanor. (4763)

Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 923, Sec. 3, eff. Sept. 1, 1993. (4764)

Amended by: (4765)

Acts 2005, 79th Leg., Ch. 628 (H.B. 2451), Sec. 2, eff. September 1, 2005. (4766)

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 23, eff. September 1, 2007. (4767)

Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE. (4768)(1-click HTML)

(a) In this section, "sports venue" means a public entertainment facility property, as defined by Section 108.73, that is primarily designed and used for live sporting events. (4769)

(b) Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (4770)

(1) a licensed or permitted premises located in a sports venue may sell alcoholic beverages between 10 a.m. and noon; and (4771)

(2) a person may consume alcoholic beverages at a sports venue between 10 a.m. and noon. (4772)

Added by Acts 2003, 78th Leg., ch. 946, Sec. 2, eff. Sept. 1, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 21.01, eff. Jan. 11, 2004. (4773)

Sec. 105.08. HOURS OF SALE AND CONSUMPTION: WINERY. (4774)(1-click HTML)

The holder of a winery permit may sell, offer for sale, and deliver wine, and a person may consume wine on the premises of a winery: (4775)

(1) between 8 a.m. and midnight on any day except Sunday; (4776)

(2) between 10 a.m. and midnight on Sunday; and (4777)

(3) between midnight and 2 a.m. on New Year's Day. (4778)

Added by Acts 2005, 79th Leg., Ch. 84 (S.B. 571), Sec. 2, eff. May 17, 2005. (4779)

Amended by: (4780)

Acts 2013, 83rd Leg., R.S., Ch. 394 (S.B. 131), Sec. 1, eff. September 1, 2013. (4781)

Sec. 105.081. HOURS OF SALE AND CONSUMPTION: DISTILLERY. (4782)(1-click HTML)

(a) The holder of a distiller's and rectifier's permit may sell and offer for sale distilled spirits for on-premises consumption and a person may consume distilled spirits on the permitted premises during the same hours mixed beverages may be sold and offered for sale by a mixed beverage permit holder under Section 105.03(b). (4783)

(b) The holder of a distiller's and rectifier's permit may sell and offer for sale distilled spirits to ultimate consumers for off-premises consumption during the same hours as the holder of a package store permit may sell and offer for sale distilled spirits to ultimate consumers for off-premises consumption. (4784)

Added by Acts 2013, 83rd Leg., R.S., Ch. 106 (S.B. 905), Sec. 4, eff. September 1, 2013. (4785)

Sec. 105.082. HOURS OF SALE AND CONSUMPTION: BREWER OR MANUFACTURER. (4786)(1-click HTML)

(a) The holder of a brewer's permit may sell, offer for sale, and deliver ale or malt liquor and a person may consume ale or malt liquor on the brewer's premises: (4787)

(1) between 8 a.m. and midnight on any day except Sunday; and (4788)

(2) between 10 a.m. and midnight on Sunday. (4789)

(b) The holder of a manufacturer's license may sell, offer for sale, and deliver beer and a person may consume beer on the manufacturer's premises: (4790)

(1) between 8 a.m. and midnight on any day except Sunday; and (4791)

(2) between 10 a.m. and midnight on Sunday. (4792)

Added by Acts 2013, 83rd Leg., R.S., Ch. 535 (S.B. 518), Sec. 4, eff. June 14, 2013. (4793)

Redesignated from Alcoholic Beverage Code, Section 105.081 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(3), eff. September 1, 2015. (4794)

Sec. 105.09. HOURS OF SALE AND CONSUMPTION: CERTAIN EVENTS. (4795)(1-click HTML)

Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (4796)

(1) a licensed or permitted premises located at a festival, fair, or concert may sell alcoholic beverages between 10 a.m. and noon; and (4797)

(2) a person may consume alcoholic beverages at a festival, fair, or concert between 10 a.m. and noon. (4798)

Added by Acts 2005, 79th Leg., Ch. 239 (H.B. 168), Sec. 1, eff. September 1, 2005. (4799)

Renumbered from Alcoholic Beverage Code, Section 105.08 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(5), eff. September 1, 2007. (4800)

Sec. 105.10. PENALTY. (4801)(1-click HTML)

(a) A person commits an offense if the person, in violation of this chapter or Section 32.17(a)(7): (4802)

(1) sells or offers for sale an alcoholic beverage during prohibited hours; or (4803)

(2) consumes or permits the consumption of an alcoholic beverage on the person's licensed or permitted premises during prohibited hours. (4804)

(b) An offense under this section is a Class A misdemeanor. (4805)

Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 24, eff. September 1, 2007. (4806)

CHAPTER 106. PROVISIONS RELATING TO AGE (4807)(1-click HTML)

Sec. 106.01. DEFINITION. (4808)(1-click HTML)

In this code, "minor" means a person under 21 years of age. (4809)

Acts 1977, 65th Leg., p. 513, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 257, ch. 107, Sec. 8, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 8, eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, Sec. 9, eff. Sept. 1, 1986. (4810)

Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (4811)(1-click HTML)

(a) A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code. (4812)

(b) An offense under this section is punishable as provided by Section 106.071. (4813)

Acts 1977, 65th Leg., p. 513, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 163, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 934, Sec. 75, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1013, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1139, Sec. 1, eff. June 19, 1997. (4814)

Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. (4815)(1-click HTML)

(a) A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. (4816)

(b) An offense under this section is punishable as provided by Section 106.071. (4817)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 76, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 2, eff. Sept. 1, 1997. (4818)

Sec. 106.03. SALE TO MINORS. (4819)(1-click HTML)

(a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor. (4820)

(b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card. (4821)

(c) An offense under this section is a Class A misdemeanor. (4822)

(d) Subsection (b) does not apply to a person who accesses electronically readable information under Section 109.61 that identifies a driver's license or identification certificate as invalid. (4823)

Acts 1977, 65th Leg., p. 513, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 257, ch. 107, Sec. 9, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 2649, ch. 456, Sec. 4, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 285, Sec. 9, eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, Sec. 10, eff. Sept. 1, 1986; Acts 1987, 70th Leg., ch. 582, Sec. 1, eff. Jan. 1, 1988; Acts 1997, 75th Leg., ch. 1013, Sec. 3, eff. Sept. 1, 1997. (4824)

Amended by: (4825)

Acts 2005, 79th Leg., Ch. 391 (S.B. 1465), Sec. 3, eff. September 1, 2005. (4826)

Acts 2009, 81st Leg., R.S., Ch. 488 (S.B. 693), Sec. 1, eff. June 19, 2009. (4827)

Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (4828)(1-click HTML)

(a) A minor commits an offense if he consumes an alcoholic beverage. (4829)

(b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse. (4830)

(c) An offense under this section is punishable as provided by Section 106.071. (4831)

(d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection: (4832)

(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and (4833)

(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section. (4834)

(e) Subsection (a) does not apply to a minor who: (4835)

(1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; (4836)

(2) was the first person to make a request for medical assistance under Subdivision (1); and (4837)

(3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person: (4838)

(A) remained on the scene until the medical assistance arrived; and (4839)

(B) cooperated with medical assistance and law enforcement personnel. (4840)

(f) Except as provided by Subsection (g), Subsection (a) does not apply to a minor who reports the sexual assault of the minor or another person, or is the victim of a sexual assault reported by another person, to: (4841)

(1) a health care provider treating the victim of the sexual assault; (4842)

(2) an employee of a law enforcement agency, including an employee of a campus police department of an institution of higher education; or (4843)

(3) the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault. (4844)

(g) A minor is entitled to raise the defense provided by Subsection (f) in the prosecution of an offense under this section only if the minor is in violation of this section at the time of the commission of a sexual assault that is: (4845)

(1) reported by the minor under Subsection (f); or (4846)

(2) committed against the minor and reported by another person under Subsection (f). (4847)

(h) A minor who commits a sexual assault that is reported under Subsection (f) is not entitled to raise the defense provided by Subsection (f) in the prosecution of the minor for an offense under this section. (4848)

Acts 1977, 65th Leg., p. 514, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 163, Sec. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 934, Sec. 77, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1013, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1207, Sec. 1, eff. Sept. 1, 1999. (4849)

Amended by: (4850)

Acts 2011, 82nd Leg., R.S., Ch. 842 (H.B. 3474), Sec. 1, eff. September 1, 2011. (4851)

Acts 2011, 82nd Leg., R.S., Ch. 1243 (S.B. 1331), Sec. 1, eff. September 1, 2011. (4852)

Acts 2017, 85th Leg., R.S., Ch. 204 (S.B. 966), Sec. 1, eff. September 1, 2017. (4853)

Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (4854)(1-click HTML)

(a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system. (4855)

(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (4856)

(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by: (4857)

(1) a fine of not less than $500 or more than $2,000; (4858)

(2) confinement in jail for a term not to exceed 180 days; or (4859)

(3) both the fine and confinement. (4860)

(d) In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for: (4861)

(1) not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section; or (4862)

(2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section. (4863)

(e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol. (4864)

(f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition or deferred adjudication. (4865)

(g) An offense under this section is not a lesser included offense under Section 49.04, 49.045, or 49.06, Penal Code. (4866)

(h) For the purpose of determining whether a minor has been previously convicted of an offense under this section: (4867)

(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and (4868)

(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section. (4869)

(i) A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged. (4870)

(j) In this section: (4871)

(1) "Child" has the meaning assigned by Section 51.02, Family Code. (4872)

(2) "Motor vehicle" has the meaning assigned by Section 32.34(a), Penal Code. (4873)

(3) "Public place" has the meaning assigned by Section 1.07, Penal Code. (4874)

(4) "Watercraft" has the meaning assigned by Section 49.01, Penal Code. (4875)

Added by Acts 1997, 75th Leg., ch. 1013, Sec. 5, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1207, Sec. 2, eff. Sept. 1, 1999. (4876)

Amended by: (4877)

Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 29, eff. September 1, 2005. (4878)

Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 2, eff. September 1, 2009. (4879)

Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 3, eff. September 1, 2009. (4880)

Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 4, eff. September 1, 2009. (4881)

Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. (4882)(1-click HTML)

(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage. (4883)

(b) A minor may possess an alcoholic beverage: (4884)

(1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code; (4885)

(2) if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court; (4886)

(3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code; or (4887)

(4) if the beverage is lawfully provided to the minor under Section 106.16. (4888)

(c) An offense under this section is punishable as provided by Section 106.071. (4889)

(d) Subsection (a) does not apply to a minor who: (4890)

(1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; (4891)

(2) was the first person to make a request for medical assistance under Subdivision (1); and (4892)

(3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person: (4893)

(A) remained on the scene until the medical assistance arrived; and (4894)

(B) cooperated with medical assistance and law enforcement personnel. (4895)

(e) Except as provided by Subsection (f), Subsection (a) does not apply to a minor who reports the sexual assault of the minor or another person, or is the victim of a sexual assault reported by another person, to: (4896)

(1) a health care provider treating the victim of the sexual assault; (4897)

(2) an employee of a law enforcement agency, including an employee of a campus police department of an institution of higher education; or (4898)

(3) the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault. (4899)

(f) A minor is entitled to raise the defense provided by Subsection (e) in the prosecution of an offense under this section only if the minor is in violation of this section at the time of the commission of a sexual assault that is: (4900)

(1) reported by the minor under Subsection (e); or (4901)

(2) committed against the minor and reported by another person under Subsection (e). (4902)

(g) A minor who commits a sexual assault that is reported under Subsection (e) is not entitled to raise the defense provided by Subsection (e) in the prosecution of the minor for an offense under this section. (4903)

Acts 1977, 65th Leg., p. 514, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1973, ch. 777, Sec. 21, eff. Aug. 27, 1979; Acts 1991, 72nd Leg., ch. 163, Sec. 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 934, Sec. 78, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1013, Sec. 6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1139, Sec. 2, eff. June 19, 1997. (4904)

Amended by: (4905)

Acts 2011, 82nd Leg., R.S., Ch. 842 (H.B. 3474), Sec. 2, eff. September 1, 2011. (4906)

Acts 2011, 82nd Leg., R.S., Ch. 1243 (S.B. 1331), Sec. 2, eff. September 1, 2011. (4907)

Acts 2015, 84th Leg., R.S., Ch. 514 (H.B. 909), Sec. 1, eff. September 1, 2015. (4908)

Acts 2017, 85th Leg., R.S., Ch. 204 (S.B. 966), Sec. 2, eff. September 1, 2017. (4909)

Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR. (4910)(1-click HTML)

(4911)

(4912)

Text of subsec. (a) as amended by Acts 1993, 73rd Leg., ch. 437, Sec. 4 (4913)

(4914)

(a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or makes available an alcoholic beverage to a minor with criminal negligence. (4915)

(4916)

Text of subsec. (a) as amended by Acts 1993, 73rd Leg., ch. 934, Sec. 79 (4917)

(4918)

(a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor. (4919)

(b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if the person is: (4920)

(1) the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and is visibly present when the minor possesses or consumes the alcoholic beverage; or (4921)

(2) a person lawfully providing an alcoholic beverage to a minor under Section 106.16. (4922)

(c) An offense under this section is a Class A misdemeanor. (4923)

(d) A judge, acting under Chapter 42A, Code of Criminal Procedure, who places a defendant charged with an offense under this section on community supervision under that chapter shall, if the defendant committed the offense at a gathering where participants were involved in the abuse of alcohol, including binge drinking or forcing or coercing individuals to consume alcohol, in addition to any other condition imposed by the judge: (4924)

(1) require the defendant to: (4925)

(A) perform community service for not less than 20 or more than 40 hours; and (4926)

(B) attend an alcohol awareness program approved under Section 106.115; and (4927)

(2) order the Department of Public Safety to suspend the driver's license or permit of the defendant or, if the defendant does not have a driver's license or permit, to deny the issuance of a driver's license or permit to the defendant for 180 days. (4928)

(e) Community service ordered under Subsection (d) is in addition to any community service ordered by the judge under Article 42A.304, Code of Criminal Procedure, and must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that the court considers appropriate for rehabilitative purposes. (4929)

Acts 1977, 65th Leg., p. 514, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 437, Sec. 4, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 79, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1013, Sec. 7, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1097, Sec. 2, eff. Sept. 1, 2001. (4930)

Amended by: (4931)

Acts 2011, 82nd Leg., R.S., Ch. 842 (H.B. 3474), Sec. 3, eff. September 1, 2011. (4932)

Acts 2011, 82nd Leg., R.S., Ch. 1243 (S.B. 1331), Sec. 3, eff. September 1, 2011. (4933)

Acts 2015, 84th Leg., R.S., Ch. 514 (H.B. 909), Sec. 2, eff. September 1, 2015. (4934)

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.01, eff. January 1, 2017. (4935)

Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. (4936)(1-click HTML)

(a) A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages. (4937)

(b) An offense under this section is punishable as provided by Section 106.071. (4938)

Acts 1977, 65th Leg., p. 514, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 257, ch. 107, Sec. 10, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 10, eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, Sec. 11, eff. Sept. 1, 1986; Acts 1997, 75th Leg., ch. 1013, Sec. 8, eff. Sept. 1, 1997. (4939)

Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. (4940)(1-click HTML)
  

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