8350.Words,
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL
PROVISIONS
CHAPTER 106. PROVISIONS RELATING
TO AGE
Sec. 106.01.
DEFINITION. In this code,
"minor" means a person under 21 years of age.
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.
Sec. 106.02. PURCHASE OF
ALCOHOL BY A MINOR. (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.
(b) An offense under this section is punishable
as provided by Section 106.071.
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.
Sec. 106.025. ATTEMPT TO
PURCHASE ALCOHOL BY A MINOR. (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.
(b) An offense under this section is punishable
as provided by Section 106.071.
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.
Sec. 106.03. SALE TO
MINORS. (a) A person commits an offense if with criminal
negligence he sells an alcoholic beverage to a minor.
(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.
(c) An offense under this section is a Class A
misdemeanor.
(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.
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.
Amended by:
Acts 2005, 79th Leg., Ch. 391
(S.B. 1465), Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
488 (S.B. 693), Sec. 1, eff. June 19, 2009.
Sec. 106.04. CONSUMPTION OF
ALCOHOL BY A MINOR. (a) A minor commits an offense if he consumes an
alcoholic beverage.
(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.
(c) An offense under this section is punishable
as provided by Section 106.071.
(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:
(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
(2) an order of deferred disposition for an
offense alleged under this section is considered a conviction of an offense
under this section.
(e) Subsection (a) does not apply to a minor who:
(1) requested emergency medical assistance in
response to the possible alcohol overdose of the minor or another person;
(2) was the first person to make a request for
medical assistance under Subdivision (1); and
(3) if the minor requested emergency medical
assistance for the possible alcohol overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
(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:
(1) a health care provider treating the victim of
the sexual assault;
(2) an employee of a law enforcement agency,
including an employee of a campus police department of an institution of higher
education; or
(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.
(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:
(1) reported by the minor under Subsection (f);
or
(2) committed against the minor and reported by
another person under Subsection (f).
(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.
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch.
842 (H.B. 3474), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch.
1243 (S.B. 1331), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch.
204 (S.B. 966), Sec. 1, eff. September 1, 2017.
The following section was amended by the 88th Legislature. Pending
publication of the current statutes, see H.B. 1163, 88th Legislature, Regular Session, for amendments
affecting the following section.
Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE
INFLUENCE OF ALCOHOL BY MINOR. (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.
(b) Except as provided by Subsection (c), an
offense under this section is a Class C misdemeanor.
(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:
(1) a fine of not less than $500 or more than $2,000;
(2) confinement in jail for a term not to exceed
180 days; or
(3) both the fine and confinement.
(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:
(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
(2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an
offense under this section.
(e) Community service ordered under this section
must be related to education about or prevention of misuse of alcohol.
(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.
(g) An offense under this section is not a lesser
included offense under Section 49.04, 49.045, or 49.06, Penal Code.
(h) For the purpose of determining whether a
minor has been previously convicted of an offense under this section:
(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
(2) an order of deferred disposition for an
offense alleged under this section is considered a conviction of an offense
under this section.
(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.
(j) In this section:
(1) "Child" has the meaning assigned by
Section 51.02, Family Code.
(2) "Motor vehicle" has the meaning
assigned by Section 32.34(a), Penal Code.
(3) "Public place" has the meaning
assigned by Section 1.07, Penal Code.
(4) "Watercraft" has the meaning
assigned by Section 49.01, Penal Code.
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.
Amended by:
Acts 2005, 79th Leg., Ch. 949
(H.B. 1575), Sec. 29, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1348 (S.B. 328), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1348 (S.B. 328), Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1348 (S.B. 328), Sec. 4, eff. September 1, 2009.
Sec. 106.05. POSSESSION OF
ALCOHOL BY A MINOR. (a) Except as provided in Subsection (b) of this
section, a minor commits an offense if he possesses an alcoholic beverage.
(b) A minor may possess an alcoholic beverage:
(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;
(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;
(3) if the minor is under the immediate
supervision of a commissioned peace officer engaged in enforcing the provisions
of this code; or
(4) if the beverage is lawfully provided to the
minor under Section 106.16.
(c) An offense under this section is punishable
as provided by Section 106.071.
(d) Subsection (a) does not apply to a minor who:
(1) requested emergency medical assistance in
response to the possible alcohol overdose of the minor or another person;
(2) was the first person to make a request for
medical assistance under Subdivision (1); and
(3) if the minor requested emergency medical
assistance for the possible alcohol overdose of another person:
(A) remained on the scene until the medical
assistance arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
(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:
(1) a health care provider treating the victim of
the sexual assault;
(2) an employee of a law enforcement agency,
including an employee of a campus police department of an institution of higher
education; or
(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.
(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:
(1) reported by the minor under Subsection (e);
or
(2) committed against the minor and reported by
another person under Subsection (e).
(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.
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch.
842 (H.B. 3474), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch.
1243 (S.B. 1331), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch.
514 (H.B. 909), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch.
204 (S.B. 966), Sec. 2, eff. September 1, 2017.
The following section was amended by the 88th Legislature. Pending
publication of the current statutes, see H.B. 420, 88th Legislature, Regular Session, for amendments affecting
the following section.
Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR.
Text of subsec.
(a) as amended by Acts 1993, 73rd Leg., ch. 437, Sec.
4
(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.
Text of subsec.
(a) as amended by Acts 1993, 73rd Leg., ch. 934, Sec.
79
(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.
(b) A person may purchase an alcoholic beverage
for or give an alcoholic beverage to a minor if the person is:
(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
(2) a person lawfully providing an alcoholic
beverage to a minor under Section 106.16.
(c) An offense under this section is a Class A
misdemeanor.
(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:
(1) require the defendant to:
(A) perform community service for not less than
20 or more than 40 hours; and
(B) attend an alcohol awareness program approved
under Section 106.115; and
(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.
(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.
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch.
842 (H.B. 3474), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch.
1243 (S.B. 1331), Sec. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch.
514 (H.B. 909), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch.
770 (H.B. 2299), Sec. 2.01, eff. January 1, 2017.
Sec. 106.07.
MISREPRESENTATION OF AGE BY A MINOR.
(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.
(b) An offense under this section is punishable
as provided by Section 106.071.
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.
Sec. 106.071. PUNISHMENT
FOR ALCOHOL-RELATED OFFENSE BY MINOR.
(a) This section applies to an
offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07.
(b) Except as provided by Subsection (c), an
offense to which this section applies is a Class C misdemeanor.
(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 to which this section applies, the
offense is punishable by:
(1) a fine of not less than $250 or more than $2,000;
(2) confinement in jail for a term not to exceed
180 days; or
(3) both the fine and confinement.
(d) In addition to any fine and any order issued
under Section 106.115:
(1) the court shall order a minor placed on
deferred disposition for or convicted of an offense to which this section
applies to perform community service for:
(A) not less than eight or more than 12 hours, if
the minor has not been previously convicted of an offense to which this section
applies; or
(B) not less than 20 or more than 40 hours, if
the minor has been previously convicted once of an offense to which this
section applies; and
(2) the court shall order the Department of
Public Safety to suspend the driver's license or permit of a minor convicted of
an offense to which this section applies or, if the minor does not have a
driver's license or permit, to deny the issuance of a driver's license or
permit for:
(A) 30 days, if the minor has not been previously
convicted of an offense to which this section applies;
(B) 60 days, if the minor has been previously
convicted once of an offense to which this section applies; or
(C) 180 days, if the minor has been previously
convicted twice or more of an offense to which this section applies.
(e) Community service ordered under this section
must be related to education about or prevention of misuse of alcohol or drugs,
as applicable, 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 it considers appropriate for
rehabilitative purposes.
(f) In this section:
(1) a prior adjudication under Title 3, Family
Code, that the minor engaged in conduct described by this section is considered
a conviction; and
(2) a prior order of deferred disposition for an
offense alleged under this section is considered a conviction.
(g) In this section, "child" has the
meaning assigned by Section 51.02, Family Code.
(h) A driver's license suspension under this
section takes effect on the 11th day after the date the minor is convicted.
(i) A defendant who is not a child and who has
been previously convicted at least twice of an offense to which this section
applies is not eligible to receive a deferred disposition or deferred
adjudication.
Added by Acts 1997, 75th Leg., ch. 1013, Sec. 9, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 76, Sec. 4, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1207, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 949
(H.B. 1575), Sec. 30, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch.
1004 (H.B. 642), Sec. 1, eff. September 1, 2015.
Sec. 106.08. IMPORTATION BY
A MINOR. No minor may import into this
state or possess with intent to import into this state any alcoholic beverage.
Acts 1977, 65th Leg., p. 515, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 106.09. EMPLOYMENT OF
MINORS. (a) Except as provided by Subsections (b), (c),
(e), and (f), no person may employ a person under 18 years of age to sell,
prepare, serve, or otherwise handle liquor, or to assist in doing so.
(b) A holder of a wine only package store permit
may employ a person 16 years old or older to work in any capacity.
(c) A holder of a permit or license providing for
the on-premises consumption of alcoholic beverages may employ a person under 18
years of age to work in any capacity other than the actual selling, preparing,
or serving of alcoholic beverages.
(d) A person who is 18, 19, or 20 years of age is
not prohibited from acting as an agent under Chapter 35, 36, or 73, provided the person may carry out the activities authorized
by those chapters only while in the actual course and scope of the person's
employment.
(e) The holder of a permit or license providing
for the on-premises consumption of alcoholic beverages who also holds a food
and beverage certificate may employ a person under 18 years of age to work as a
cashier for transactions involving the sale of alcoholic beverages if the
alcoholic beverages are served by a person 18 years of age or older.
(f) The holder of a permit or license providing
for the on-premises consumption of alcoholic beverages that derives less than
50 percent of its gross receipts for the premises from the sale or service of
alcoholic beverages may employ a person under 18 years of age to work as a
cashier for transactions involving the sale of alcoholic beverages if the
alcoholic beverages are served by a person 18 years of age or older.
Acts 1977, 65th Leg., p. 515, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 258, ch. 107, Sec. 11, 12, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 754, Sec. 1, eff. Aug. 31, 1987; Acts 2003, 78th Leg., ch.
499, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch.
1190 (S.B. 1090), Sec. 18, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch.
46 (S.B. 1651), Sec. 1, eff. May 19, 2015.
Acts 2019, 86th Leg., R.S., Ch.
1359 (H.B. 1545), Sec. 329, eff. September 1, 2019.
Sec. 106.10. PLEA OF GUILTY
BY MINOR. No minor may plead guilty to
an offense under this chapter except in open court before a judge.
Acts 1977, 65th Leg., p. 515, ch. 194, Sec. 1, eff. Sept. 1, 1977.
The following section was amended by the 88th Legislature. Pending
publication of the current statutes, see H.B. 4417 and H.B. 5183, 88th Legislature, Regular Session, for amendments
affecting the following section.
Sec. 106.115. ALCOHOL AWARENESS PROGRAM; LICENSE
SUSPENSION.
Text of subsection as amended by
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.57
(a) On the placement of a minor on deferred
disposition for an offense under Section 49.02, Penal Code, or under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court shall require the defendant to attend an
alcohol awareness program approved by the Texas Department of Licensing and
Regulation under this section or a drug education program approved by the
Department of State Health Services in accordance with Section 521.374, Transportation Code.
On conviction of a minor of an offense under one or more of those
sections, the court, in addition to assessing a fine as provided by those
sections, shall require a defendant who has not been previously convicted of an
offense under one of those sections to attend an alcohol awareness program or a
drug education program described by this subsection. If the defendant has been previously
convicted once or more of an offense under one or more of those sections, the
court may require the defendant to attend an alcohol awareness program or a drug education program described by this
subsection. If the defendant is younger than 18 years of age, the court may require
the parent or guardian of the defendant to attend the program with the
defendant. The Texas Department of
Licensing and Regulation or Texas Commission of Licensing and Regulation, as
appropriate:
(1) is responsible for the administration of the
certification of approved alcohol awareness programs;
(2) may charge a nonrefundable application fee
for:
(A) initial certification of the approval; or
(B) renewal of the certification;
(3) shall adopt rules regarding alcohol awareness
programs approved under this section; and
(4) shall monitor, coordinate, and provide
training to a person who provides an alcohol awareness program.
Text of subsection as amended by
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 3
(a) On the placement of a minor on deferred
disposition for an offense under Section 49.02, Penal Code, or under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court shall require the defendant to successfully
complete one of the following programs:
(1) an alcohol awareness program under this
section that is regulated under Chapter 171, Government Code;
(2) a drug education program under Section 521.374(a)(1), Transportation Code, that is regulated under
Chapter 171, Government Code; or
(3) a drug and alcohol driving awareness program
under Section 1001.103, Education Code.
(a-1) On conviction of a minor of an offense under Section
49.02, Penal Code, or Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court, in addition to assessing a fine as provided
by those sections, shall require a defendant who has not been previously
convicted of an offense under one of those sections to successfully complete an
alcohol awareness program, a drug education program, or a drug and alcohol
driving awareness program described by Subsection (a). If the defendant has been previously
convicted once or more of an offense under one or more of those sections, the
court may require the defendant to successfully complete an alcohol awareness
program, a drug education program, or a drug and alcohol driving awareness
program described by Subsection (a).
(a-2) If the defendant is younger than 18
years of age, the court may require the parent or guardian of the defendant to
attend the program described by Subsection (a) with the defendant.
(b) Repealed by Acts 2021, 87th Leg., R.S., Ch.
948 (S.B. 1480), Sec. 19(1), eff. September 1, 2021.
(b-1) If the defendant resides in a county with a population
of 75,000 or less and access to an alcohol awareness program is not readily
available in the county, the court may allow the defendant to take an online
alcohol awareness program if the Texas Department of Licensing and Regulation
approves online courses or require the defendant to perform not less than eight
hours of community service related to alcohol abuse prevention or treatment and
approved by the Texas Department of Licensing and Regulation under Subsection
(b-3) instead of attending the alcohol awareness program. Community service
ordered under this subsection is in addition to community service ordered under
Section 106.071(d).
(b-2) For purposes of Subsection (b-1), if
the defendant is enrolled in an institution of higher education located in a
county in which access to an alcohol awareness program is readily available,
the court may consider the defendant to be a resident of that county. If the defendant is not enrolled in such an
institution of higher education or if the court does not consider the defendant
to be a resident of the county in which the institution is located, the
defendant's residence is the residence listed on the defendant's driver's
license or personal identification certificate issued by the Department of
Public Safety. If the defendant does not
have a driver's license or personal identification certificate issued by the
Department of Public Safety, the defendant's residence is the residence on the
defendant's voter registration certificate.
If the defendant is not registered to vote, the defendant's residence is
the residence on file with the public school district on which the defendant's
enrollment is based. If the defendant is
not enrolled in public school, the defendant's residence is determined by the
court.
(b-3) The Texas Department of Licensing and
Regulation shall create a list of community services related to alcohol abuse
prevention or treatment in each county in the state to which a judge may
sentence a defendant under Subsection (b-1).
(c) The court shall require the defendant to
present to the court, within 90 days of the date of final conviction, evidence
in the form prescribed by the court that the defendant, as ordered by the
court, has satisfactorily completed an alcohol awareness program
or performed the required hours of community service. For good cause the court may extend this
period by not more than 90 days. If the
defendant presents the required evidence within the prescribed period, the
court may reduce the assessed fine to an amount equal to no less than one-half
of the amount of the initial fine.
(d) If the defendant does not present the
required evidence within the prescribed period, the court:
(1) shall order the Department of Public Safety
to:
(A) suspend the defendant's driver's license or
permit for a period not to exceed six months or, if the defendant does not have
a license or permit, to deny the issuance of a license or permit to the
defendant for that period; or
(B) if the defendant has been previously
convicted of an offense under one or more of the sections listed in Subsection
(a), suspend the defendant's driver's license or
permit for a period not to exceed one year or, if the defendant does not have a
license or permit, to deny the issuance of a license or permit to the defendant
for that period; and
(2) may order the defendant or the parent,
managing conservator, or guardian of the defendant to do any act or refrain
from doing any act if the court determines that doing the act or refraining
from doing the act will increase the likelihood that the defendant will present
evidence to the court that the defendant has satisfactorily completed an
alcohol awareness program or performed the required hours of community service.
(e) The Department of Public Safety shall send
notice of the suspension or prohibition order issued under Subsection (d) by
first class mail to the defendant. The
notice must include the date of the suspension or prohibition order, the reason
for the suspension or prohibition, and the period covered by the suspension or
prohibition.
Added by Acts 1991, 72nd Leg., ch. 163, Sec. 4, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 80, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch.
615, Sec. 1, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 577, Sec. 17, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1013, Sec. 10, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
62, Sec. 2.01, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 76, Sec. 5, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1207, Sec. 4, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
1409, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1056
(H.B. 1357), Sec. 1, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch.
656 (H.B. 1020), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch.
848 (H.B. 232), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch.
838 (S.B. 202), Sec. 1.223, eff. September 1, 2017.
Acts 2015, 84th Leg., R.S., Ch.
1004 (H.B. 642), Sec. 2, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch.
663 (H.B. 1560), Sec. 5.57, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch.
948 (S.B. 1480), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch.
948 (S.B. 1480), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch.
948 (S.B. 1480), Sec. 19(1), eff. September 1, 2021.
Sec. 106.116. REPORTS OF
COURT TO COMMISSION. Unless the clerk is
otherwise required to include the information in a report submitted under
Section 101.09, the clerk of a court, including a justice court,
municipal court, or juvenile court, shall furnish to the commission on request
a notice of a conviction of an offense under this chapter or an adjudication
under Title 3, Family Code, for conduct that constitutes an offense under this
chapter. The report must be in the form
prescribed by the commission.
Added by Acts 1997, 75th Leg., ch. 1013, Sec. 11, eff. Sept. 1, 1997.
Sec. 106.117. REPORT OF
COURT TO DEPARTMENT OF PUBLIC SAFETY.
(a) Each court, including a
justice court, municipal court, or juvenile court, shall furnish to the
Department of Public Safety a notice of each:
(1) adjudication under Title 3, Family Code, for
conduct that constitutes an offense under this chapter;
(2) conviction of an offense under this chapter;
(3) order of deferred disposition for an offense
alleged under this chapter;
and
(4) acquittal of an offense under Section 106.041.
(b) The notice must be in a form prescribed by
the Department of Public Safety and must contain the driver's license number of
the defendant, if the defendant holds a driver's license.
(c) The Department of Public Safety shall
maintain appropriate records of information in the notices and shall provide
the information to law enforcement agencies and courts as necessary to enable
those agencies and courts to carry out their official duties. The information is admissible in any action
in which it is relevant. A person who
holds a driver's license having the same number that is contained in a record
maintained under this section is presumed to be the person to whom the record
relates. The presumption may be rebutted
only by evidence presented under oath.
(d) The information maintained under this section
is confidential and may not be disclosed except as provided by this
section. A provision of Chapter 58, Family Code, or other law limiting collection or reporting
of information on a juvenile or other minor or requiring destruction of that
information does not apply to information reported and maintained under this
section.
Added by Acts 1997, 75th Leg., ch. 1013, Sec. 11, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1207, Sec. 5, eff. Sept. 1, 1999.
The following section was amended by the 88th Legislature. Pending
publication of the current statutes, see S.B. 1725 and H.B. 4504, 88th Legislature, Regular Session, for amendments
affecting the following section.
Sec. 106.12. EXPUNCTION OF CONVICTION OR ARREST RECORDS OF
A MINOR. (a) Any person convicted of not more than one
violation of this code while a minor, on attaining the age of 21 years, may
apply to the court in which he was convicted to have the conviction expunged.
(b) The application shall contain the applicant's
sworn statement that he was not convicted of any violation of this code while a
minor other than the one he seeks to have expunged.
(c) If the court finds that the applicant was not
convicted of any other violation of this code while he was a minor, the court
shall order the conviction, together with all complaints, verdicts, sentences,
prosecutorial and law enforcement records, and other documents relating to the
offense, to be expunged from the applicant's record. After entry of the order, the applicant shall
be released from all disabilities resulting from the conviction, and the
conviction may not be shown or made known for any purpose.
(d) Any person placed under a custodial or
noncustodial arrest for not more than one violation of this code while a minor
and who was not convicted of the violation may apply to the court in which the
person was charged to have the records of the arrest expunged. The application must contain the applicant's
sworn statement that the applicant was not arrested for a violation of this
code other than the arrest the applicant seeks to expunge. If the court finds the applicant was not
arrested for any other violation of this code while a minor, the court shall
order all complaints, verdicts, prosecutorial and law enforcement records, and
other documents relating to the violation to be expunged from the applicant's
record.
(e) The court shall charge an applicant a
reimbursement fee in the amount of $30 for each application for expunction
filed under this section to defray the cost of notifying state agencies of
orders of expunction under this section.
(f) The procedures for expunction provided under
this section are separate and distinct from the expunction procedures under
Chapter 55, Code of Criminal Procedure.
Acts 1977, 65th Leg., p. 515, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 258, ch. 107, Sec. 13, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 11, eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch.
462, Sec. 12, eff. Sept. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 886
(S.B. 1426), Sec. 1, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch.
464 (H.B. 2059), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch.
464 (H.B. 2059), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch.
1352 (S.B. 346), Sec. 2.01, eff. January 1, 2020.
Sec. 106.13. SANCTIONS
AGAINST RETAILER. (a) Except as provided in Subsections (b) and (c)
of this section, the commission or administrator may cancel or suspend for not
more than 90 days a retail license or permit or a private club registration
permit if it is found, on notice and hearing, that the licensee or permittee
with criminal negligence sold, served, dispensed, or delivered an alcoholic
beverage to a minor or with criminal negligence permitted a minor to violate
Section 106.04 or 106.05 of this code on the licensed premises.
(b) For a second offense the commission or
administrator may cancel the license or permit or suspend it for not more than
six months. For a third offense within a
period of 36 consecutive months the commission or administrator may cancel the
permit or suspend it for not more than 12 months.
(c) The commission or administrator may relax the
provisions of this section concerning suspension and cancellation and assess a
sanction the commission or administrator finds just under the circumstances if,
at a hearing, the licensee or permittee establishes to the satisfaction of the
commission or administrator:
(1) that the violation could not reasonably have
been prevented by the permittee or licensee by the exercise of due diligence;
(2) that the permittee or licensee was entrapped; or
(3) that an agent, servant, or employee of the
permittee or licensee violated this code without the knowledge of the permittee
or licensee.
Acts 1977, 65th Leg., p. 516, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 437, Sec. 5, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 81, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch.
798, Sec. 1, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 1097, Sec. 1, eff. Sept. 1,
2001.
Sec. 106.14. ACTIONS OF
EMPLOYEE. (a) For purposes of this chapter and any other
provision of this code relating to the sales, service, dispensing, or delivery
of alcoholic beverages to a person who is not a member of a private club on the
club premises, a minor, or an intoxicated person or the consumption of
alcoholic beverages by a person who is not a member of a private club on the
club premises, a minor, or an intoxicated person, the actions of an employee
shall not be attributable to the employer if:
(1) the employer requires its employees to attend
a commission-approved seller training program;
(2) the employee has actually attended such a
training program; and
(3) the employer has not directly or indirectly
encouraged the employee to violate such law.
(b) The commission shall adopt rules or policies
establishing the minimum requirements for approved seller training
programs. Upon application, the
commission shall approve seller training programs meeting such requirements
that are sponsored either privately, by public community colleges, or by public
or private institutions of higher education that offer a four-year
undergraduate program and a degree or certificate in hotel or motel management,
restaurant management, or travel or tourism management. The commission may charge an application fee
to be set by the commission in such amount as is necessary to defray the
expense of processing the application.
(c) The commission may approve under this section
a seller training program sponsored by a licensee or permittee for the purpose
of training its employees whether or not such
employees are located at the same premises.
This subsection shall only apply to licensees or permittees who employ
at least 150 persons at any one time during the license or permit year who
sell, serve, or prepare alcoholic beverages.
(d) The commission may approve under this section
a seller training program conducted by a hotel management company or a hotel
operating company for the employees of five or more hotels operated or managed by
the company if:
(1) the seller training program is administered
through the corporate offices of the company; and
(2) the hotels employ a total of at least 200
persons at one time during the license or permit year who sell, serve, or
prepare alcoholic beverages.
(e) After notice and hearing, the commission may
cancel or suspend the commission's approval of a seller training program, the
commission's certification of a trainer to teach a seller training program, or
the commission's certification of a seller-server if the program, trainer, or
seller-server violates this code or a commission rule. The commission may give a program, trainer,
or seller-server the opportunity to pay a civil penalty rather than be subject
to suspension under this subsection.
Sections 11.62 through 11.67 apply to the program approval or certification as if the
program approval or certification were a license or permit under this code.
Added by Acts 1987, 70th Leg., ch. 582, Sec. 3, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 477, Sec. 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 934, Sec. 82, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch.
270, Sec. 1, eff. Sept. 1, 1995; Acts
2003, 78th Leg., ch. 643, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch.
158 (H.B. 1952), Sec. 1, eff. May 28, 2011.
Sec. 106.15. PROHIBITED
ACTIVITIES BY PERSONS YOUNGER THAN 18.
(a) A permittee or licensee
commits an offense if he employs, authorizes, permits, or induces a person
younger than 18 years of age to dance with another person in exchange for a
benefit, as defined by Section 1.07, Penal Code, on the premises covered by the permit or
license.
(b) An offense under Subsection (a) is a Class A
misdemeanor.
(c) In addition to a penalty imposed under
Subsection (b), the commission or administrator shall:
(1) suspend for a period of five days the license
or permit of a person convicted of a first offense under Subsection (a);
(2) suspend for a period of 60 days the license
or permit of a person convicted of a second offense under Subsection (a); and
(3) cancel the license or permit of a person
convicted of a third offense under Subsection (a).
(d) This section does not apply to a gift or
benefit given for a dance at a wedding, anniversary, or similar event.
(e) A person does not commit an offense under
Subsection (a) if the person younger than 18 years of age falsely represents
the person's age to be at least 18 years of age by displaying an apparently
valid Texas driver's license or an identification card issued by the Department
of Public Safety containing a physical description consistent with the person's
appearance.
Added by Acts 1999, 76th Leg., ch. 80, Sec. 2, eff. Sept. 1, 1999.
Sec. 106.16. EXCEPTION FOR
CERTAIN COURSE WORK. (a) In this section:
(1) "Career school or college" has the
meaning assigned by Section 132.001, Education Code.
(2) "Taste" means to draw a beverage
into the mouth without swallowing or otherwise consuming the beverage.
(b) Notwithstanding any other law, a minor may
taste an alcoholic beverage if:
(1) the minor:
(A) is at least 18 years old; and
(B) is enrolled:
(i) as a student at a public or private
institution of higher education or a career school or college that offers a
program in culinary arts, viticulture, enology or wine
technology, brewing or malt beverage technology, or distilled spirits
production or technology; and
(ii) in a course that is part of a program
described by Subparagraph (i);
(2) the beverage is tasted for educational
purposes as part of the curriculum for the course described by Subdivision
(1)(B)(ii);
(3) the beverage is not purchased by the minor;
and
(4) the service and tasting of the beverage is supervised by a faculty or staff member who is at least
21 years of age.
(c) A public or private institution of higher
education or a career school or college is not required to hold a license or
permit to engage in the activities authorized under this section.
Added by Acts 2015, 84th Leg.,
R.S., Ch. 514 (H.B. 909), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch.
1359 (H.B. 1545), Sec. 330, eff. September 1, 2021.
The
following section was amended by the 88th Legislature. Pending publication of
the current statutes, see H.B. 4595, 88th Legislature, Regular Session, for amendments
affecting the following section.
Text of section as added by Acts
2021, 87th Leg., R.S., Ch. 79 (S.B. 315), Sec. 1
For text of section as added by
Acts 2021, 87th Leg., R.S., Ch. 942 (S.B. 766), Sec. 2, see other Sec. 106.17.
Sec. 106.17. PRESENCE OF CERTAIN MINORS ON PERMITTED OR
LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) An
individual younger than 18 years of age may not be on premises covered by a
permit or license issued under this code if a sexually oriented business, as
defined by Section 243.002, Local Government Code, operates on the premises.
(b) The holder of a permit or license covering a
premises described by Subsection (a) may not knowingly or recklessly allow an
individual younger than 18 years of age to be on the premises.
(c) Notwithstanding any other provision of this
code, if it is found, after notice and hearing, that a permittee or licensee
has violated Subsection (b) the commission or administrator shall:
(1) suspend the permit or license for 30 days for
the first violation;
(2) suspend the permit or license for 60 days for
the second violation; and
(3) cancel the permit or license for the third
violation.
Added by Acts 2021, 87th Leg.,
R.S., Ch. 79 (S.B. 315), Sec. 1, eff. May 24, 2021.
The following section was amended by the 88th Legislature. Pending
publication of the current statutes, see H.B. 4595, 88th Legislature, Regular Session, for amendments
affecting the following section.
Text of section as added by Acts
2021, 87th Leg., R.S., Ch. 942 (S.B. 766), Sec. 2
For text of section as added by
Acts 2021, 87th Leg., R.S., Ch. 79 (S.B. 315), Sec. 1, see other Sec. 106.17.
Sec. 106.17. PRESENCE OR EMPLOYMENT OF CERTAIN PERSONS AT
PERMITTED OR LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS. (a) An
individual younger than 18 years of age may not be on premises covered by a
permit or license issued under this code if a sexually oriented business, as
defined by Section 243.002, Local Government Code, operates on the premises.
(b) The holder of a permit or license covering a
premises described by Subsection (a) may not:
(1) knowingly or recklessly allow an individual
younger than 18 years of age to be on the premises; or
(2) enter into a contract, other than a contract
described by Section 51.016(g), Labor Code, with an individual younger than 21 years
of age for the performance of work or the provision of a service on the
premises.
(c) Notwithstanding any other provision of this
code, if it is found, after notice and hearing, that a permittee or licensee
has violated Subsection (b) the commission or administrator shall:
(1) suspend the permit or license for 30 days for
the first violation;
(2) suspend the permit or license for 60 days for
the second violation; and
(3) cancel the permit or license for the third
violation.
Added by Acts 2021, 87th Leg.,
R.S., Ch. 942 (S.B. 766), Sec. 2, eff. September 1, 2021.