CHAPTER 106. PROVISIONS RELATING TO AGE

State Codes and Statutes

Statutes > Texas > Alcoholic-beverage-code > Title-4-regulatory-and-penal-provisions > Chapter-106-provisions-relating-to-age

ALCOHOLIC BEVERAGE CODE

TITLE 4. REGULATORY AND PENAL PROVISIONS

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.

(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, Sec. 3, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

488, 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.

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.

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.

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.

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, Sec. 29, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1348, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1348, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1348, 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; or

(3) if the minor is under the immediate supervision of a

commissioned peace officer engaged in enforcing the provisions of

this code.

Section 106.071.

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.

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 he is the minor's adult parent,

guardian, or spouse, or an adult in whose custody the minor has

been committed by a court, and he is visibly present when the

minor possesses or consumes the alcoholic beverage.

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.

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.

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

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 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, Sec. 30, eff. September 1, 2005.

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 in

Subsections (b), (c), and (e) of this section, 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.

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) The fact that a person is 18, 19, or 20 years of age is not

a ground for refusal of an original or renewal permit or license

issued under Chapter 35 or 73 of this code, provided that such a

person to whom a permit or license is issued 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.

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.

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.

Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE; LICENSE

SUSPENSION. (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 Commission on

Alcohol and Drug Abuse. 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 the alcohol awareness

program. 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 the alcohol awareness

program. 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 Commission on

Alcohol and Drug Abuse:

(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.

(b) When requested, an alcohol awareness program may be taught

in languages other than English.

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, Sec. 1, eff. September 1, 2005.

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.

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.

Sec. 106.12. EXPUNGEMENT OF CONVICTION 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.

any other violation of this code while he was a minor, the court

shall order the conviction, together with all complaints,

verdicts, sentences, 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) The court shall charge an applicant a fee in the amount of

$30 for each application for expungement filed under this section

to defray the cost of notifying state agencies of orders of

expungement under this section.

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, Sec. 1, eff. September 1, 2005.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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