Texas Liability for Service of Alcohol to Minors

The Texas Alcoholic Beverage Code is the body of law which governs the sale of alcohol in the State of Texas. To legally purchase or consume alcohol in Texas, the law requires an individual to be over the age of 21. Tex. Alc. Bev. Code 106.02. But, Texas law does not require that a person over 21 provide any identification to purchase alcohol. However, the provision of alcohol to persons under 21 years of age can have both criminal and civil implications on the person selling the alcohol or the establishment whose employee sells alcohol to a minor.

Persons who serve alcohol to someone under the age of 21 years old can be held criminally liable for such sale. Tex. Alc. Bev. Code 106.03. There is no provision which provides protection to an individual alcohol seller even if the individual relies upon another to ID patrons prior to entry or service. Each alcohol seller is responsible for ensuring every patron they serve alcohol to is at least 21 years of age. Thus an alcohol seller can be arrested, ticketed and/or fined for failing to ensure legal drinking age of their patrons. Tex. Alc. Bev. Code 106.03.

Additionally, civil liability attaches for any actions, injuries, or damages caused by the underage intoxicated person when such intoxication is the result of the provision of alcohol to the underage person by the alcohol seller/server. This civil liability can be against the individual providing service but also against the employer of the individual serving the underage individual. Tex. Alc. Bev. Code 2.02(c)(2).

In Texas it is permissible for persons under the age of 21 years old to be present in an establishment that sells alcohol even when consumption by that person would be illegal. However, the alcohol provider can be held criminally and civilly liable if the underage patron is served or consumes alcohol on the premises whether such alcohol is provided by the alcohol provider, its employee or other person unconnected to the alcohol provider. Tex. Alc. Bev. Code 2.02(c)(2).

A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents him/herself to be 21 years of age or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor’s appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency. Tex. Alc. Bev. Code 106.03 and 106.07. The underage person can also be submitted as a responsible third party and their contributory negligence can be determined by a jury when such minor purchased alcohol by utilizing false identification. Further, in the event another individual legally purchases alcohol but illegally provides it to the minor such person’s conduct may be submitted to jurors for determination of proportionate share of responsibility.