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(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.(b) A minor may possess an alcoholic beverage: (1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code; (2) 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; or (3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by: (1) a fine of not less than 0 or more than ,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both the fine and confinement.In this code, "minor" means a person under 21 years of age.

The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card.(b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor.(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: (1) a fine of not less than 0 or more than ,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both the fine and confinement.(d) In addition to any fine and any order issued under Section 106.115: (1) the court shall order a minor placed on deferred disposition for or convicted of an offense to which this section applies to perform community service for: (A) not less than eight or more than 12 hours, if the minor has not been previously convicted of an offense to which this section applies; or (B) not less than 20 or more than 40 hours, if the minor has been previously convicted once of an offense to which this section applies; and (2) the court shall order the Department of Public Safety to suspend the driver's license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver's license or permit, to deny the issuance of a driver's license or permit for: (A) 30 days, if the minor has not been previously convicted of an offense to which this section applies; (B) 60 days, if the minor has been previously convicted once of an offense to which this section applies; or (C) 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies.(e) Community service ordered under this section 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.




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