Underage Drinking

Texas

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • OR spouse

Notes:
In Texas, a minor may possess an alcoholic beverage if the minor is in the visible presence of his adult parent, guardian, or spouse. Tex. Alco. Bev. Code Ann. § 106.05.

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • OR spouse

Notes:
In Texas, a minor may consume an alcoholic beverage if it is in the visible presence of the minor's adult parent, guardian or spouse.

Internal possession is not explicitly prohibited.

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • OR spouse

Notes:
In Texas, 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.

  • Beer: 18 for both servers and bartenders
  • Wine: 18 for both servers and bartenders
  • Spirits: 18 for both servers and bartenders

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting retailers:

  • State provides incentives to retailers who use electronic scanners that read birthdate and other information digitally encoded on valid identification cards
  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

BAC limit: 0.00 - any detectable alcohol in the blood is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage purchase
  • Underage possession
  • Underage consumption

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction

  • mandatory

Length of suspension/revocation: 30 days

No State-imposed liability for hosting underage drinking parties.