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Drug Free Schools and Communities

DRUG FREE SCHOOLS AND COMMUNITIES

INFORMATION FOR STUDENTS AND EMPLOYEES REGARDING

ILLICIT DRUGS AND ALCOHOL ABUSE

 

- Standards of Conduct Prohibiting Unlawful Possession, Use, or Distribution of Illicit Drugs and

Alcohol

- Health Risks Associated with Use of Drugs and Alcohol Abuse

- University Penalties for Prohibited Conduct Related to Drugs and Alcohol

- Notice of Federal Student Financial Aid Penalties for Drug Law Violations

- Counseling and Rehabilitation Programs

- Criminal Penalties Under State and Federal Law for Unlawful Possession, Use, or

Distribution of Drugs and Alcohol

 

STANDARDS OF CONDUCT

 

A student who, by a preponderance of the evidence, under these Rules and Regulations, is found to have illegally possessed, used, sold or distributed any drug, narcotic, or controlled substance, whether the infraction is found to have occurred on or off campus, shall be subject to discipline, ranging from mandatory, university or college approved counseling to expulsion. Mitigating or aggravating factors in assessing the proper level of discipline shall include, but not necessarily be limited to, the student’ motive for engaging in the behavior; disciplinary history; effect of the behavior on safety and security of the university or college community; and the likelihood that the behavior will recur. A second infraction for a drug-related offense shall result in permanent expulsion from the component and from all other institutions in the Texas State University System. A student who has been suspended, dismissed, probated or expelled from any system component shall be ineligible to enroll at any other system component during the applicable period of discipline.

 

UPPS 04.04.45 (Drug Free Workplace) prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in all university workplaces. University employees who violate this prohibition are subject to the sanctions set forth in UPPS 04.04.40 (Terminating and Disciplining Staff Employees), including discharge.

 

HEALTH RISKS OF ALCOHOL AND OTHER DRUGS

 

Alcohol – Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. Like very high doses, sudden cessation of alcohol intake is likely to produce withdrawal symptoms including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol can also lead to permanent damage to vital organs such as the brain and the liver. Females who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome (physical abnormalities and mental retardation). In addition, research indicates that children of alcoholic parents are at greater risk than other children of becoming alcoholics.

 

Tobacco (Nicotine) - The smoking of tobacco products is a major, avoidable cause of death in our society. Smokers are more likely than nonsmokers to contract heart disease. Cancer is strongly linked to smoking. Chronic obstructive lung diseases such as emphysema and chronic bronchitis are 10 times more likely to occur among smokers than among nonsmokers. Smoking during pregnancy poses serious risks to infants. The most dangerous substance in tobacco is nicotine. Because nicotine is highly addictive, smokers find it very difficult to stop smoking.

 

Designer Drugs - Illegal drugs are defined in terms of their chemical formulas. To circumvent these legal restrictions, underground chemists modify the molecular structure of certain illegal drugs to produce analogs known as designer drugs. These drugs can be several hundred times stronger than the drugs they are designed to imitate. Many of the so-called designer drugs are related to amphetamines (MDMA, X). Bootleg manufacture creates overdose and contamination risks. These substances can produce severe neurochemical damage to the brain. The narcotic analogs can cause symptoms such as those seen in Parkinson’s disease: uncontrollable tremors, drooling, impaired speech, paralysis, and irreversible brain damage. Analogs of amphetamines and methamphetamines cause nausea, blurred vision, chills or sweating, and faintness. Psychological effects include anxiety, depressions and paranoia. As little as one dose can cause brain damage. The analogs of phencyclidine cause hallucinations, and impaired perception.

 

Cocaine – Cocaine stimulates the central nervous system. The use of cocaine can cause death by cardiac arrest or respiratory failure. Its immediate effects include diluted pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature. Occasional use can cause a stuffy or runny nose, while chronic use can ulcerate the mucous membrane of the nose. Cocaine can produce psychological and physical dependency, a feeling that the user cannot function without the drug. In addition, tolerance develops rapidly. Crack or free base rock is extremely addictive and its effects are felt within 10 seconds. The physical effects include dilated pupils, increased pulse rate, elevated blood pressure, insomnia, loss of appetite, tactile hallucination, paranoia, and seizures.

 

Amphetamines – Amphetamine use causes increased heart and respiratory rates, elevated blood pressure, and dilated pupils. Large doses cause rapid or irregular heartbeat, tremors and physical collapse. An amphetamine injection creates a sudden increase in blood pressure that can result in stroke, high fever and heart failure. An individual using amphetamines might begin to lose weight, have periods of excessive sweating, and appear restless, anxious, moody and unable to focus. Extended use may produce psychosis, including hallucinations, delusions and paranoia.

 

Marijuana – Marijuana use leads to a substantial increase in heart rate. It impairs or reduces short-term memory and comprehension and motivation and cognition are altered. With extended use it can produce paranoia and psychosis. Smoking marijuana damages the lungs and pulmonary system. Marijuana contains more cancer causing agents than tobacco. It also lowers male sex hormones, suppresses ovulation, and causes changes in the menstrual cycle and possibly causes birth defects. Someone who uses marijuana may have bloodshot eyes, dry mouth and throat, a poor sense of timing and increased appetite.

 

Anabolic Steroids – Anabolic steroids are a group of powerful compounds closely related to the male sex hormone testosterone. Steroid users subject themselves to more than 70 side effects ranging in severity from liver cancer to acne and including psychological as well as physical reactions. The liver and the cardiovascular and reproductive systems are most seriously affected by steroid use. In males, use can cause withered testicles, sterility, and impotence. In females, irreversible masculine traits can develop along with breast reduction and sterility. Psychological effects include very aggressive behavior known as “roid rage” and depression. While some side effects appear quickly, others, such as heart attacks and strokes, may not show up for years.

 

Hallucinogens – Lysergic acid (LSD), mescaline, and psilocybin (mushrooms) cause hallucinations. The physical effects may include dilated pupils, elevated body temperature, increased heart rate and blood pressure, loss of appetite, sleeplessness, and tremors. Sensations and feelings may change rapidly. It is common to have bad psychological reactions to LSD, mescaline, psilocybin. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects or flashbacks, can occur even after use has ceased. Users of PCP report persistent memory problems and speech difficulties. Some of these effects may last 6 months to a year following prolonged daily use. Mood disorders – depression, anxiety, and violent behavior – also occur. In later stages of chronic use, users often exhibit paranoid and violent behavior. Large doses may produce convulsions and coma, as well as heart and lung failure.

 

Barbiturates – In small doses, barbiturates produce calmness, relaxed muscles and lowered anxiety. Larger doses cause slurred speech, staggering gait and altered perception. Very large doses taken in combination with other central nervous system depressants (e.g. alcohol) cause respiratory depressions, coma and sometimes death. A person who uses barbiturates may have poor muscle control, appear drowsy or drunk, become confused, irritable, and inattentive or have slowed reactions.

 

Narcotics – Narcotics initially produce a feeling of euphoria that often is followed by drowsiness, nausea, and vomiting. Users may also experience constricted pupils, watery eyes, and itching. An overdose may produce slow and shallow breathing clammy skin, convulsions, coma, and possible death. Tolerance to narcotics develops rapidly and dependence is likely. The use of contaminated syringes may result in diseases such as AIDS, enocarditis, and hepatitis. Addiction in pregnant women can lead to premature, stillborn, or addicted infants who experience severe withdrawal symptoms.

 

Depressants – The effects of depressants are, in many ways, similar to the effects of alcohol. Small amounts can produce calmness and relaxed muscles, but somewhat larger does can cause slurred speech, staggering gait, and altered perception. Large doses can cause respiratory depression, coma and death. The combination of depressants and alcohol can multiply the effects of the drugs, thereby multiplying the risks. The use of depressants can cause both physical and psychological dependence. Regular use over time may result in a tolerance to the drug, leading the user to increase the quantity consumed. When regular users suddenly stop taking large doses, they may develop withdrawal symptoms ranging from restlessness, insomnia, and anxiety to convulsions and death.

 

Inhalants – The immediate negative effects of inhalants include nausea, sneezing, coughing, nosebleeds, fatigue, lack of coordination, and loss of appetite. Solvents and aerosol sprays also decrease the heart and respiratory rates and impair judgment. Amyl and Butyl nitrite cause rapid pulse, headaches, and involuntary passing of urine and feces. Long-term use may result in hepatitis or brain damage. Deeply inhaling the vapors, or using large amounts over a short time, may result in disorientation, violent behavior, unconsciousness, or death. High concentrations of inhalants can cause suffocation by displacing the oxygen in the lungs or by depressing the central nervous system to the point that breathing stops. Long-term use can cause weight loss, fatigue, electrolyte imbalance, and muscle fatigue. Repeated sniffing of concentrated vapors over time can permanently damage the nervous system.

 

 

UNIVERSITY PENALTIES

 

Students – The University may impose a disciplinary penalty up to expulsion as is specified in the regents’ rules and the Code of Student Conduct, for conduct related to the use, possession, or distribution of drugs prohibited by state, federal or local law. Other penalties that may be imposed for conduct related to the unlawful use, possession, or distribution of drugs or alcohol include suspension, disciplinary probation, payment for damage to or misappropriation of property, suspension of rights and privileges, expulsion, or such other penalty as may be deemed appropriate under the circumstances.

 

Employees – The unlawful use, possession, or distribution of drugs or alcohol may result in a disciplinary penalty of warning or reprimand, suspension, reduction in pay, demotion, or discharge, depending on the circumstances.

 

 

NOTICE OF FEDERAL STUDENT FINANCIAL AID PENALTIES FOR DRUG LAW VIOLATIONS

 

Suspension of Eligibility for Drug Convictions

 

Title 20, Chapter 28, Subchapter IV, Part G, Section 1092(k) states that the university must provide notice to students concerning penalties for drug violations:

  1. Notice upon enrollment – The university shall provide to each student, upon enrollment, a separate, clear, and conspicuous written notice that advises them of the penalties under section 1091(r) of this title.

  2. Notice after loss of eligibility – The university shall provide, in a timely manner, to each student who has lost eligibility for any grant, loan, or work-study assistance (under this subchapter as a result of the penalties listed under section 1091(r)(1) of this title) a separate, clear and conspicuous written notice that notifies them of the loss of eligibility, and advises the student of the ways in which they can regain eligibility under section 1091(r)(2) of this title.

     

Title 20, Chapter 28, Subchapter IV, Part G, Section 1091(r) states that the university must provide notice to students regarding suspension of eligibility for drug-related offenses:

  1. In general – A student who is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which they were receiving any grant, loan, or work assistance, under this subchapter shall not be eligible to receive any grant, loan, or work assistance (under this subchapter) from the date of that conviction for the period of time specified in the following table:

     

If convicted of an offense involving:

 

 

 

The possession of a controlled substance:

Ineligibility period is:

 

 

First Offense

1 year

Second Offense

2 years

Third Offense

Indefinite

 

 

The sale of a controlled substance:

Ineligibility period is:

 

 

First Offense

2 years

Second Offense

Indefinite

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. Rehabilitation – A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if:

    1. The student satisfactorily completes a drug rehabilitation program that –

      1. Complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and

      2. Includes two unannounced drug tests;

    2. The student successfully passes two unannounced drug tests conducted by a drug rehabilitation program that complies with such criteria as the Secretary shall prescribe in regulations for purposes of subparagraph (a)(i); or

    3. The conviction is reversed, set aside, or otherwise rendered nugatory.

       

       

AVAILABLE DRUG AND ALCOHOL COUNSELING OR REHABILITIATION SERVICES

 

Campus Services:

 

Alcohol and Drug Compliance Services: The Alcohol and Drug Compliance Services provides a variety of services for students, to include opportunities to complete community service sanctions, as well as alcohol and marijuana education. The Alcohol and Drug Compliance Services is located in LBJ Student Center, Room 5-1.16. The telephone number is 512-245-3601. http://www.dos.txstate.edu/services/ADCS

 

The Assessment and Counseling Clinic: The Assessment and Counseling Clinic

provides a variety of counseling services for the campus and San Marcos community.

Counseling services are provided by advanced graduate students with the professional counseling program, under the direct supervision of a faculty member from this program. The Clinic is located on the first floor of the Education building (Education 4032) on campus.

The telephone number is 512-245-8872. http://www.txstate.edu/clas/about/assessment-counseling.html

 

Counseling Center: The Counseling Center offers a variety of confidential services to help currently enrolled students deal with personal and academic concerns. They have a staff of psychologists and professional counselors available to provide counseling for a wide range of issues. The Counseling Center is located in the LBJ Student Center, Room 5-4.1. The telephone number is 512-245-2208. http://www.counseling.txstate.edu/

 

Bobcat Balance: Texas State employees are encouraged to use Bobcat Balance, which provides assistance with personal, family or alcohol and drug problems. Call 855-884-7224 or visit the Human Resources Bobcat Balance website to access these resources. http://www.hr.txstate.edu/worklife/bobcatbalance.html

 

Community Resources:

 

Cenikor Foundation/Hays Caldwell Council on Alcohol and Drug Abuse: The Council is dedicated to promoting community and family enrichment through substance abuse prevention, intervention, and treatment and offers a wide variety of services to the San Marcos community. The Council is located at 1901 Dutton Drive #E, San Marcos, Texas 78666. The telephone number is 512-396-7605.

 

The Right Step – San Marcos: The Right Step provides assessment, individual and family counseling, substance abuse treatment and aftercare. The Right Step is located at 302 West Hopkins Street, San Marcos, Texas 78666. The telephone number is 866-757-9187.

 

Community-based support groups in San Marcos meet on a regular basis. These groups include Alcoholics Anonymous, Narcotics Anonymous, Al-Anon and Alateen. For specific meeting dates, times and locations, call any of the following groups or consult the Hays County Intergroup AA website. https://austinaa.org/

 

Al-Anon/Alateen Information Center, a support group for relatives and friends of alcohol abusers

512-441-8591

 

Alcoholics Anonymous

512-245-3601 Alcohol and Drug Compliance Services

512-396-2060 River Group

512-878-8431 Last House on the Block

512-938-9245 Rule 62 Group

 

Cocaine Anonymous

512-479-9327 or

512-339-HELP (4357)

 

Narcotics Anonymous

855-864-2262

 

For further information concerning groups in the surrounding area please call the

Alcohol and Drug Compliance Services on campus, 512-245-3601.

 

 

PENALTIES UNDER STATE AND FEDERAL LAW

CONDUCT RELATED TO DRUG AND ALCOHOL OFFENSES

I. Criminal Penalties:

A Class C misdemeanor is punishable by a fine not to exceed $500.
A Class B misdemeanor is punishable by a fine not to exceed $2000; confinement in jail for a term not to exceed 180 days; or both fine and confinement.
A Class A misdemeanor is punishable by a fine not to exceed $4000; confinement in jail for a term not to exceed one year; or both fine and confinement.
A state jail felony is punishable by confinement in a state jail for any term of not more than 2 years or less than 180 days and by a fine not to exceed $10,000.
A 3rd degree felony is punishable by imprisonment for any term of not more than 10 years or less than 2 years and a fine not to exceed $10,000.
A 2nd degree felony is punishable by imprisonment for any term of not more than 20 years of less than 2 years and a fine not to exceed $10,000.
A 1st degree felony is punishable by imprisonment for life or for any term of not more than 99 years or less than 5 years and a fine not to exceed $10,000.

II. Offenses:

A. Offense of manufacture or delivery of controlled substances

These offenses are set out in Sections 481.112, 481.1121, 481.113, and 481.114, Texas Health and Safety Code, which vary the offense and punishment based upon two factors: the type of drug (which schedule it is listed under) and the quantity of the drug involved in the offense. Section 481.032, Texas Health and Safety Code, contains long lists of drugs that are in schedules 1, 1-A, 2, 3, 4, and 5. Additional controlled substances are added to these schedules each year.

Section 481.112, Texas Health and Safety Code, deals with Penalty Group 1 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 2nd degree felony; more than 4 grams and less than 200 grams is a 1st degree felony; more than 200 grams and less than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine; more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $250,000 fine.

Section 481.1121, Texas Health and Safety Code, deals with Penalty Group 1-A drug offenses: number of abuse units less than 20 is a state jail felony; number of abuse units more than 20 and less than 80 is a 2nd degree felony; number of abuse units more than 80 and less than 4000 is a 1st degree felony; more than 4000 units is life imprisonment or a term of 15 to 99 years and up to a $250,000 fine.

Section 481.113, Texas Health and Safety Code, deals with Penalty Group 2 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 2nd degree felony; more than 4 grams and less than 400 grams is a 1st degree felony; and more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine.

Section 481.114, Texas Health and Safety Code, deals with Penalty Group 3 and 4 drug offenses: less than 28 grams is a state jail felony; more than 28 grams and less than 200 grams is a 2nd degree felony; more than 200 grams and less than 400 grams is a 1st degree felony; and more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine.

B. Offense of Possession of Controlled Substances

These offenses are set out in Sections 481.115, 481.116, 481.117, and 481.118, Texas Health and Safety Code, which vary the offense and punishment based upon two factors: the type of drug (which schedule it is listed under) and the quantity of the drug involved in the offense. Section 481.032, Texas Health and Safety Code, contains long lists of drugs that are in schedules 1, 1-A, 2, 3, 4, and 5. Additional controlled substances are added to these schedules each year.

Section 481.115, Texas Health and Safety Code, deals with Penalty Group 1 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 3rd degree felony; more than 4 grams and less than 200 grams is a 2nd degree felony; more than 200 grams and less than 400 grams is a 1st degree felony; more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine.

Section 481.1151, Texas Health and Safety Code, deals with Penalty Group 1-A drug offenses: number of abuse units less than 20 is a state jail felony; number of abuse units more than 20 and less than 80 is a 3rd degree felony; number of abuse units more than 80 and less than 4000 is a 2nd degree felony; more than 4000 units and less than 8000 units is a 1st degree felony; and more than 8000 units is life imprisonment or a term of 15 to 99 years and up to a $250,000 fine.

Section 481.116, Texas Health and Safety Code, deals with Penalty Group 2 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 3rd degree felony; more than 4 grams and less than 400 grams is a 2nd degree felony; and more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine.

Section 481.117, Texas Health and Safety Code, deals with Penalty Group 3 drug offenses: less than 28 grams is a Class A misdemeanor; more than 28 grams and less than 200 grams is a 3rd degree felony; more than 200 grams and less than 400 grams is a 2nd degree felony; and more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine.

Section 481.118, Texas Health and Safety Code, deals with Penalty Group 4 drug offenses: less than 28 grams is a Class B misdemeanor; more than 28 grams and less than 200 grams is a 3rd degree felony; more than 200 grams and less than 400 grams is a 2nd degree felony; more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine.

C. Offense of Delivery of Marijuana

Section 481.120, Texas Health and Safety Code, deals with delivery of marijuana offenses: less than one quarter ounce is a Class B misdemeanor if delivery is without compensation; less than one quarter ounce is a Class A misdemeanor if delivery is for compensation; more than one quarter ounce and less than five pounds is a state jail felony; more than five pounds and less than 50 pounds is a 2nd degree felony; more than 50 pounds and less than 2000 pounds is a 1st degree felony; and more than 2000 pounds is life imprisonment or a term of 10 to 99 years and a fine not to exceed $100,000.

D. Offense of Possession of Marijuana

Section 481.121, Texas Health and Safety Code, deals with possession of marijuana offenses: less than 2 oz. is a Class B misdemeanor; more than 2 oz. and less than 4 oz. is a Class A misdemeanor; more than 4 oz. and less than five pounds is a state jail felony; more than five pounds and less than 50 pounds is a 3rd degree felony; more than 50 pounds and less than 2000 pounds is a 2nd degree felony; and more than 2000 pounds is life imprisonment or a term of 5 to 99 years and a fine not to exceed $50,000.

E. Offense of Delivery of Controlled Substance or Marijuana to Minor

Section 481.122, Texas Health and Safety Code, deals with the offense of the delivery of a controlled substance or marijuana to a minor (17 years of age or younger) and provides that the offense is a 2nd degree felony punishable by imprisonment for a term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.

F. Offense of Driving while Intoxicated (drugs or alcohol)

Sections 49.04, 49.09, Texas Penal Code, provide that the offense of driving while intoxicated is punishable as a Class B misdemeanor with a minimum term of confinement of 72 hours unless the driver had an open container of alcohol in his possession in which case the offense is a Class B misdemeanor with a minimum term of confinement of six days in jail. One prior conviction enhances the punishment to a Class A misdemeanor with a minimum term of confinement of 30 days; two prior convictions enhances the punishment to a 3rd degree felony.

G. Offense of Consumption or Possession of Alcohol in Motor Vehicle

Section 49.03, Texas Penal Code, provides that the penalty for the offense of consumption of an alcoholic beverage while operating a motor vehicle in a public place is a Class C misdemeanor.

H. Offense of Public Intoxication

Section 49.02, Texas Penal Code, provides that the offense of public intoxication wherein a person appears in a public place while intoxicated to the degree that the person may endanger himself or another person is punishable as a Class C misdemeanor, unless the person is younger than 21 years old, wherein Sections 106.071 and 106.115, Texas Alcoholic Beverage Code apply and provide for a Class C misdemeanor punishment and attendance at an alcohol awareness program, and where the offender has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver's License or permit for 30 to 180 days and attendance at an alcohol awareness program.

I. Offense of Purchase of Alcohol by a Minor

Sections 106.02, 106.071,and 106.115, Texas Alcoholic Beverage Code, provide that the offense of the purchase of alcohol by a minor is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and when the person has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver's License or permit for 30 to 180 days and attendance at an alcohol awareness program.

J. Offense of Consumption of Alcohol by Minor

Sections 106.04, 106.071, and 106.115, Texas Alcoholic Beverage Code, provide that the offense of consumption of alcohol by a minor is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and where the person has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver's License or permit for 30 to 180 days and attendance at an alcohol awareness program.

K. Offense of Possession of Alcohol by Minor

Sections 106.05, 106.071, and 106.115, Texas Alcoholic Beverage Code, provide that the possession of alcohol by a minor is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and where the person has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver's License or permit for 30 to 180 days and attendance at an alcohol awareness program.

L. Offense of Sale of Alcohol to a Minor

Section 106.03, Texas Alcoholic Beverage Code, provides that the penalty for selling alcohol to a minor is a Class A misdemeanor.

M. Offense of Purchase of Alcohol for a Minor or Furnishing Alcohol to a Minor

Section 106.06, Texas Alcoholic Beverage Code, provides that the penalty for purchasing alcohol for a minor or giving or making available an alcoholic beverage to a minor is a Class B misdemeanor.

N. Offense of Misrepresentation of Age by a Minor to Person Selling or Serving Alcoholic Beverages

Sections 106.07, 106.071, and 106.115, Texas Alcoholic Beverage Code, provide that the penalty for misrepresentation of age by a minor to a person selling or serving alcoholic beverages is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and where the offender is a minor previously convicted twice for alcohol-related offenses, a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both fine and imprisonment; community service of 8 to 40 hours; suspension of Texas Driver's License for 30 to 180 days and attendance at an alcohol awareness program.

 

Revised 2-23-18