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

(a) A person commits an offense if the person, in violation of this chapter or Section 32.17(a)(7): (4655)

(1) sells or offers for sale an alcoholic beverage during prohibited hours; or (4656)

(2) consumes or permits the consumption of an alcoholic beverage on the person's licensed or permitted premises during prohibited hours. (4657)

(b) An offense under this section is a Class A misdemeanor. (4658)

Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 24, eff. September 1, 2007. (4659)

CHAPTER 106. PROVISIONS RELATING TO AGE (4660)(Text)

Sec. 106.01. DEFINITION. (4661)(Text)

In this code, "minor" means a person under 21 years of age. (4662)

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. (4663)

Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (4664)(Text)

(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. (4665)

(b) An offense under this section is punishable as provided by Section 106.071. (4666)

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. (4667)

Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. (4668)(Text)

(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. (4669)

(b) An offense under this section is punishable as provided by Section 106.071. (4670)

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. (4671)

Sec. 106.03. SALE TO MINORS. (4672)(Text)

(a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor. (4673)

(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. (4674)

(c) An offense under this section is a Class A misdemeanor. (4675)

(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. (4676)

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. (4677)

Amended by: (4678)

Acts 2005, 79th Leg., Ch. 391 (S.B. 1465), Sec. 3, eff. September 1, 2005. (4679)

Acts 2009, 81st Leg., R.S., Ch. 488 (S.B. 693), Sec. 1, eff. June 19, 2009. (4680)

Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (4681)(Text)

(a) A minor commits an offense if he consumes an alcoholic beverage. (4682)

(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. (4683)

(c) An offense under this section is punishable as provided by Section 106.071. (4684)

(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: (4685)

(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 (4686)

(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section. (4687)

(e) Subsection (a) does not apply to a minor who: (4688)

(1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; (4689)

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