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Is it legal for parents in Texas to allow minors to drink at home? Here’s what the law says

A minor in Texas may possess and consume an alcoholic beverage if the minor is in the visible presence of their adult parent, guardian or spouse.
A minor in Texas may possess and consume an alcoholic beverage if the minor is in the visible presence of their adult parent, guardian or spouse. dmontesino@star-telegram.com

A minor can possess and consume alcohol when in the visible presence of their parent or legal guardian, Texas law says.

While it is otherwise prohibited, according to the Texas Alcoholic Beverage Code, a minor (person under 21 years) may possess an alcoholic beverage under these exceptions:

  • 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
  • If the minor is in the visible presence of their adult parent, guardian, 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
  • If the beverage is lawfully provided to the minor for a certain course of study

The Texas Alcoholic Beverage Code states that an adult 21 years of age or older is liable for damages caused by the intoxication of a minor under the age of 18 if:

  • The adult is not the minor’s parent, guardian or spouse; or an adult in whose custody the minor has been committed by a court
  • And the adult knowingly served or provided to the minor any of the alcoholic beverages that contributed to the minor’s intoxication; or allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by the adult.
Dalia Faheid
Fort Worth Star-Telegram
Dalia Faheid was a service journalism reporter at the Fort Worth Star-Telegram from 2021 to 2023.
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