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Texas Statutes (Last Updated: January 4, 2014) |
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ALCOHOLIC BEVERAGE CODE |
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Title 4. REGULATORY AND PENAL PROVISIONS |
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Chapter 106. PROVISIONS RELATING TO AGE |
Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR
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(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.
(e) Subsection (a) does not apply to a minor who:
(1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person;
(2) was the first person to make a request for medical assistance under Subdivision (1); and
(3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person:
(A) remained on the scene until the medical assistance arrived; and
(B) cooperated with medical assistance and law enforcement personnel.