Texas Alcoholic Beverage Code 106.03 – Sale to Minors
Current as of: 2024 | Check for updates
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(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.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Alcoholic Beverage Code 106.03
- Alcoholic beverage: means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. See Texas Alcoholic Beverage Code 1.04
- Criminal negligence: has the meaning assigned by § 6. See Texas Alcoholic Beverage Code 1.04
- Person: means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. See Texas Alcoholic Beverage Code 1.04
(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 § 109.61 that identifies a driver’s license or identification certificate as invalid.