Texas Alcoholic Beverage Code 106.06 – Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor
Current as of: 2024 | Check for updates
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(a) Except as provided in Subsection (b), a person commits an offense if the person purchases an alcoholic beverage for or gives an alcoholic beverage to a minor.
(b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if the person is:
(1) the minor’s adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and is visibly present when the minor possesses or consumes the alcoholic beverage; or
(2) a person lawfully providing an alcoholic beverage to a minor under § 106.16.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Alcoholic Beverage Code 106.06
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) Except as provided by Subsection (c-1), an offense under this section is a Class A misdemeanor.
(c-1) An offense under this section is a state jail felony if it is shown on the trial of the offense that the person purchased an alcoholic beverage for or gave an alcoholic beverage to a minor who, as a result of the consumption of the alcoholic beverage, caused another person to suffer serious bodily injury or death.
(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:
(1) require the defendant to:
(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
(2) order the Department of Public Safety to suspend the driver’s license or permit of the defendant or, if the defendant does not have a driver’s license or permit, to deny the issuance of a driver’s license or permit to the defendant for 180 days.
(e) Community service ordered under Subsection (d) is in addition to any community service ordered by the judge under Article 42A.304, Code of Criminal Procedure, and 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 the court considers appropriate for rehabilitative purposes.