Texas Alcoholic Beverage Code 101.75 – Consumption of Alcoholic Beverages Near Schools
Current as of: 2024 | Check for updates
|
Other versions
(a) A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of prekindergarten through twelfth grade.
(b) This section does not apply to the possession of an open container or the consumption at an event duly authorized by appropriate authorities and held in compliance with all other applicable provisions of this code.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Alcoholic Beverage Code 101.75
- 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
- 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
- Property: means real and personal property. See Texas Government Code 311.005
(c) An offense under this section is a Class C misdemeanor.
(d) In this section, “open container” has the meaning assigned in § 109.35.