Texas Laws Affecting Minors and Alcohol-Related Offenses

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Texas law on the drinking age.

I. Matters regarding the legal drinking age in Texas and provisions related to minors and alcohol -related offenses is encoded in the Texas Alcoholic Beverage Code, Section 106.

Summary of the key statutes regarding under age drinking. For the actual statute see http://law.onecle.com/texas/alcoholic/chapter106.html:

Section 106.01. Definition. The minimum drinking age is 21 years old. Anyone 20 years old and below is defined as a "minor."

Section 106.02. Purchase of Alcohol By a Minor.
(a) If a minor purchases an alcoholic beverage it is an offense under this section. However, there is an exception to this section. The offense does not apply to a minor who purchases an alcoholic beverage if under the immediate supervision of a peace officer (police officer) who is engaged in the process of enforcing the Texas Alcoholic Beverage Code.
(b) If a minor commits this offense, the minor will be subject to the punishment described in Section 106.71. (See below.)

Section 106.025. Attempt to Purchase Alcohol By a Minor. (a) If a minor attempts to purchase an alcoholic beverage but failed to do so, he can also be convicted of this offense. However, the attempt has to be more than mere preparation to commit the act. In other words, it has to be more than planning to buy an alcoholic beverage. (b) The punishment for an offense under this section is described in Section 106.71. (See below.)

Section 106.03. Sale to Minors.
(a) A person will commit an offense under this section if he sells with criminal negligence an alcoholic beverage to a minor. FN1
(b) A person who sells to a minor who uses a false valid Texas driver's license or an identification card issued by the Department of Public Safety is not criminally liable under this statute. This section stipulates that the false driver's license or identification card has to have a physical description which is "consistent" with the appearance of the minor attempting to use it to purchase an alcoholic beverage.
(c) This offense is a Class A misdemeanor. FN2
(d) Section (b) will not apply to a person who accesses an electronically readable information under Section 109.61 of this statute that identifies the driver's license or identification certificate as invalid.

Note: Section 109.61 states: USE OF CERTAIN ELECTRONICALLY READABLE INFORMATION:(a)A person may access electronically readable information on a driver's license, commercial driver's license, or identification certificate for the purpose of complying with this code or a rule of the commission, including for the purpose of preventing the person from committing an offense under this code.
See http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.109.htm#109.61

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FN1: Criminal negligence is conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences. See http://definitions.uslegal.com/c/criminal-negligence/

FN2: Class A Misdemeanor is described in the Texas Penal Code Chapter 12, § 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement.
See http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.12.htm#12.21

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Section 106.04. Consumption of Alcohol by a Minor. (a) It is an offense for a minor to consume an alcoholic beverage. (b) A minor can submit an affirmative ...