CHAPTER 106. PROVISIONS RELATING TO AGE
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, 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.
(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.
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.
(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, 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.
(c) 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 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.
(c) An offense under this section is a Class A misdemeanor.
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.
(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 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.
(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) 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.
(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, 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.
(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.
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.
(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, 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.
(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.
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.
(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.