Sec. , (c) A person may not be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the minor act on the solicitation. Sec. 1, eff. If the defendant is not registered to vote, the defendant's residence is the residence on file with the public school district on which the defendant's enrollment is based. 9, eff. (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. 1, eff. on or after the individual's 21st birthday. Sept. 1, 1997. Acts 2005, 79th Leg., Ch. September 1, 2019. (2) falsely represents himself or herself to be 21 years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the individual's own age in order to obtain possession of, purchase, or receive a cigarette, e-cigarette, or tobacco product. Sept. 1, 1981; Acts 1987, 70th Leg., ch. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Amended by Acts 1999, 76th Leg., ch. (d) A judge, acting under Chapter 42A, Code of Criminal Procedure, who places a defendant charged with an offense under this section on community supervision under that chapter shall, if the defendant committed the offense at a gathering where participants were involved in the abuse of alcohol, including binge drinking or forcing or coercing individuals to consume alcohol, in addition to any other condition imposed by the judge: (A) perform community service for not less than 20 or more than 40 hours; and, (B) attend an alcohol awareness program approved under Section 106.115; and. 330, eff. (f) In this section, “minor” means an individual younger than 17 years of age. 106.03. Sept. 1, 1999. (2) a person lawfully providing an alcoholic beverage to a minor under Section 106.16. 1020), Sec. (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. 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. January 1, 2017. (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. If the defendant does not have a driver's license or personal identification certificate issued by the Department of Public Safety, the defendant's residence is the residence on the defendant's voter registration certificate. Sept. 1, 1977. Google Chrome, 285, Sec. 8, eff. Copyright © 2020, Thomson Reuters. 2, eff. 11, eff. 1013, Sec. , or 842 (H.B. 1, eff. 2, eff. 437, Sec. (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. (b) Notwithstanding any other law, a minor may taste an alcoholic beverage if: (i) as a student at a public or private institution of higher education or a career school or college that offers a program in culinary arts, viticulture, enology or wine technology, brewing or beer technology, or distilled spirits production or technology; and. (4) "Watercraft" has the meaning assigned by Section 49.01, Penal Code. ; and. Sept. 1, 1977. Sept. 1, 2001. Acts 2015, 84th Leg., R.S., Ch. An officer does not have to actually see him drink the alcoholic beverage but may make the determination to charge him with the offense if he smells alcohol on him or if he agrees to take a breath test and blows a number … Sections 11.62 through 11.67 apply to the program approval or certification as if the program approval or certification were a license or permit under this code. Amended by Acts 1991, 72nd Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 107, Sec. 1207, Sec. SALE TO MINORS. ATTENDANCE AT ALCOHOL AWARENESS COURSE; LICENSE SUSPENSION. 934, Sec. No minor may plead guilty to an offense under this chapter except in open court before a judge. 106.01. Internet Explorer 11 is no longer supported. 328), Sec. (e) After notice and hearing, the commission may cancel or suspend the commission's approval of a seller training program, the commission's certification of a trainer to teach a seller training program, or the commission's certification of a seller-server if the program, trainer, or seller-server violates this code or a commission rule. Texas law states that a minor (under the age of 21) commits an offense of a DUI (a Class C misdemeanor) if he operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. 2059), Sec. (b) For a second offense the commission or administrator may cancel the license or permit or suspend it for not more than six months. The application must contain the applicant's sworn statement that the applicant was not arrested for a violation of this code other than the arrest the applicant seeks to expunge. Sept. 1, 1986; Acts 1985, 69th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol or drugs, as applicable, if programs or services providing that education are available in the community in which the court is located. The commission may give a program, trainer, or seller-server the opportunity to pay a civil penalty rather than be subject to suspension under this subsection. 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. 11, 12, eff. 1207, Sec. Begin typing to search, use arrow keys to navigate, use enter to select. September 1, 2021. IMPORTATION BY A MINOR. Amended by Acts 1999, 76th Leg., ch. 3, eff. 934, Sec. (4) shall monitor, coordinate, and provide training to a person who provides an alcohol awareness program. 4, eff. Acts 2009, 81st Leg., R.S., Ch. 437, Sec. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 1426), Sec. 163, Sec. Acts 1977, 65th Leg., p. 514, ch. 106.04. Sept. 1, 1999. Sec. Sec. 1359 (H.B. SANCTIONS AGAINST RETAILER. 106.13. (2) committed against the minor and reported by another person under Subsection (f). Added by Acts 1999, 76th Leg., ch. 194, Sec. (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. 6, eff. Amended by Acts 1993, 73rd Leg., ch. 76, Sec. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 5, eff. 949 (H.B. Acts 2005, 79th Leg., Ch. (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 346), Sec. (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. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. (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. Sept. 1, 1986. , Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Microsoft Edge. (d) This section does not apply to a gift or benefit given for a dance at a wedding, anniversary, or similar event. Amended by Acts 1991, 72nd Leg., ch. 1, eff. 1, eff. Article 42A.054(a), Code of Criminal Procedure 499, Sec. 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. Acts 1977, 65th Leg., p. 513, ch. (a) as amended by Acts 1993, 73rd Leg., ch. 106.071. , 3, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 194, Sec. 1, eff. 934, Sec. (2) committed the offense with the intent to: (A) further the criminal activities of the criminal street gang; or. 754, Sec. 18, eff. (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. January 1, 2020. (2) a prior order of deferred disposition for an offense alleged under this section is considered a conviction. September 1, 2017. 43.05(a)(2) 106.16. (b) When requested, an alcohol awareness program may be taught in languages other than English. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. REPORTS OF COURT TO COMMISSION. PLEA OF GUILTY BY MINOR.
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