General Question

La_chica_gomela's avatar

Does this law actually exist? Can you please point me to the text of it?

Asked by La_chica_gomela (12488 points ) October 27th, 2008

I have been under the impression that, in the state of Texas, a person who is under 21 can drink alcohol legally if their parents are serving them, or if they’re married, their spouse. Is it true? If so, can you please help me find the law so I can read it for myself? I don’t even know where to begin if I was going to google it. Thanks!

EDIT: And could you please give me a link as well?

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16 Answers

Bluefreedom's avatar

Here is what I found at WikiAnswers, La chica and I placed some of the words in bold type for emphasis:

Current Texas law contains very specific provisions that allow a minor to drink at any age under parental supervision. See pertinent Texas codes below:

106.04 Consumption of Alcohol by a Minor
(a-b) A minor commits an offense if they consume alcohol unless they are in the visible presence of, and have the consent of their adult parent, legal guardian, or spouse.
(c) An offense under this section is punishable as provided by 106.071.
(d) A minor who commits an offense under this section and who has been previously convicted of offenses under this section is not eligible for deferred disposition.

106.05 Possession of Alcohol by a Minor
(a) A minor commits an offense if they posses an alcoholic beverage.
(b) A minor may possess an alcoholic beverage:
� while in the course and scope of the minor’s employment if the minor is an employee of a licensee or permitted and the employment is not prohibited by this code
� if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court
� if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.

106.06 Purchase / Furnishing of Alcohol to a Minor
(a) A person commits an offense if they provide an alcoholic beverage to a minor.
(b) An alcoholic beverage may be provided to a minor by that minor’s adult parent, legal guardian, or spouse if they are visibly present when the minor possesses or consumes the alcoholic beverage.

La_chica_gomela's avatar

Bluefreedom – thank you! that’s awesome!
I’m actually looking for the text of the actual law, as in from a url that ends in .gov or .tx etc. (For future answerers, a link would be appreciated as well). I should have made that more clear in the question.

Thanks! <3

La_chica_gomela's avatar

lol, i think i just answered my own question…
turns out it’s true, wow!

http://www.tabc.state.tx.us/leginfo/MinorCode.htm

i decided maybe i did know where to begin, and i found the link above (very first one!)

mods, feel free to remove the question if you see fit…or leave it, in case someone else wants to know…whatever you want!

funkdaddy's avatar

Just a note to add to this. It is also up to the establishment whether they would like to serve minors (or anyone for that matter) in the presence of their guardian or spouse.

I worked at a restaurant for a long time that just didn’t serve minors under any circumstances because they had some trouble with actually confirming someone is a legal guardian. From what I understand this is the policy at quite a few places.

Lightlyseared's avatar

I’m curious about the “spouse” bit. If two people under the age of 21 are married can the spouse who is under the age of consent for their partner to drink?

Bluefreedom's avatar

If they’re both under the age of 21, it would kind of cancel out altogether wouldn’t it? At least one of the two needs to be 21 or older to grant consent for their partner, right?

Lightlyseared's avatar

Well you would have thought so, but all it doesn’t actually say that does it. Thinking about it now, the main problem would be neither would actually be able to buy the alchol.

Bluefreedom's avatar

That’s true. They should have listed ages in the specific law to clarify things.

Bluefreedom's avatar

The legal drinking age in Texas is 21. So, if at least one member of the married couple is 21 and the other is a minor, the elder spouse can give consent for minor to consume alcohol.

MrItty's avatar

I read the law’s language as:
“adult (parent, legal guardian, or spouse)”

In other words, their adult parent, their adult legal guardian, or their adult spouse. If the spouse isn’t an adult, they can’t give consent.

The only other way to interpret it would be
”(adult parent), legal guardian, or spouse”
Which would mean a parent has to be an adult to give consent, but a legal guardian and spouse do not. This makes no sense to me.

Knotmyday's avatar

“A Jager bomb for my son, and one for the cutie in the Brownie uniform over there!! (go get ‘er, boy!)”

ItsAHabit's avatar

Many states have exemptions that permit “children” under the age of 21 to drink with their parents or in private clubs.

ItsAHabit's avatar

A map showing exceptions to the age 21 minimum drinking law can be found here:
http://www2.potsdam.edu/hansondj/LegalDrinkingAge.html

marie72's avatar

Providing/Furnishing Alcohol to
Minors
In Texas, a person may provide alcohol
to a minor if he/she is the minor’s adult
parent, guardian, or spouse, and is visibly
present when the minor possesses or
consumes the alcoholic beverage

from:http://www.tabc.state.tx.us

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