Texas Alcoholic Beverage Code 106.05 – Possession of Alcohol by a Minor
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(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 § 106.16.
Terms Used In Texas Alcoholic Beverage Code 106.05
- 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
- Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Licensee: means a person who is the holder of a license provided in this code, or any agent, servant, or employee of that person. See Texas Alcoholic Beverage Code 1.04
- Permittee: means a person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person. 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 punishable as provided by § 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.