Drug Free Schools and Communities Act

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, drug paraphernalia, 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 be limited to, the student's motive for engaging in the behavior; disciplinary history; effect of the behavior on the safety and security of the university or college community; and the likelihood that the behavior will recur. 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, either in the workplace or elsewhere, are subject to the sanctions set forth in UPPS 04.04.40 (Terminating and Disciplining Staff Employees), including discharge.

Alcohol

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgement 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. Those who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome (physical abnormalities and intellectual disabilities). In addition, research indicates that children of alcoholic parents are at a 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 develop heart disease. Cancer is strongly linked to smoking. 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. It can also harm young adult brain development responsible for memory, attention, and learning which is still developing until around 25 years old. Nicotine is also found in E-cigarettes which can contain more than just nicotine. Potentially harmful substances can include volatile organic compounds, cancer-causing chemicals, heavy metals, and ultra-fine particles that can be inhaled deep into the lungs.

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, depression, 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 dilated pupils, elevated blood pressure, heart rate, respiratory rate, and body temperature. Occasional use can cause a stuffy or runny nose, and chronic use can cause ulcers to develop in the mucous membrane of the nose. Cocaine can produce psychological and physical dependency which can be a feeling that the user cannot function without the drug. In addition, tolerance develops rapidly. Crack, also known as freebase 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, restlessness, anxiety, mood swings, and inability to focus. Extended use may produce psychosis which can include hallucinations, delusions, and paranoia.

Marijuana

Marijuana use leads to substantial increase in heart rate. It impairs or reduces short-term memory, comprehension, motivation, and cognition. 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, 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. This includes psychological as well as physical reactions. The liver and cardiovascular and reproductive systems are most effected 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 acide (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, mood swings, and tremors. It is common to have bad psychological reactions to LSD, mescaline, and 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 six 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 does 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 perceptions. 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, endocarditis, and hepatitis. Addiction in pregnant individuals can lead to premature, stillborn, or addicted infants who experience severe withdrawal symptoms.

Depressants

The effect of depressants are, in many ways, similar to the effects of alcohol. Small amounts can produce calmness and relaxed muscles, but somewhat larger doses 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, anxiety, 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 judgement. 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 case weight loss, fatigue, electrolyte imbalance, and muscle fatigue. Repeated sniffing of concentrated vapors over time can permanently damage the nervous system.

Students

The university may impose a disciplinary penalty up to expulsion as is specified in the Regent's 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.

Suspension of Eligibility for Drug Convictions

The university must provide notice to students concerning penalties for drug violations:

• 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.
• 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.
• 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.

A federal or state drug conviction (but not a local or municipal conviction) can disqualify a student for Title IV funds. The Anti-Drug Abuse Act of 1988 includes provisions that authorize federal and state judges to deny certain federal benefits, including student aid, to persons convicted of drug trafficking or possession.

Convictions only count against a student for aid eligibility purposes if they were for an offense that occurred during a period of enrollment for which the student was receiving federal student aid - they do not count if the offense was not during such a period, unless the student was denied federal benefits for drug trafficking by a federal or state judge. Also, a conviction that was reversed, set aside, or removed from the student's record does not count, nor does one received when they were a juvenile, unless they were tried as an adult.

The chart below illustrates the period of ineligibility for Title IV funds, depending on whether the conviction was for sale or possession and whether the student had previous offenses. A conviction for sale of drugs includes convictions for conspiring to sell drugs.

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

If the student was convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, the student will be ineligible for the longer period. Schools must provide each student who becomes ineligible for Title IV funds due to a drug conviction a clear and conspicuous notice, in written form, of his loss of eligibility and the methods whereby he can become eligible again.

A student regains eligibility the day after the period of ineligibility ends (i.e., for a first or second offense); or when the student successfully completes a qualified drug rehabilitation program that includes passing two unannounced drug tests given by such a program. Further drug convictions will make the individual ineligible again.

Students denied eligibility for an indefinite period can regain eligibility after completing any of the following options:

• Successfully completing a rehabilitation program, as described below, which includes passing two unannounced drug tests from such a program
• Having the conviction reversed, set aside, or removed from the student's record so that fewer than two convictions for sale or three convictions for possession remain on the record
• Successfully completing two unannounced drug tests which are part of a rehab program (the student does not need to complete the rest of the program).

In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. It is the student's responsibility to certify that they have successfully completed the rehabilitation program; as with the conviction questions on the FAFSA. When a student regains eligibility during the award year, they may qualify for the Pell Grant, TEACH, and campus-based aid for the current payment period and Direct Loans for the period of enrollment.

A qualified drug rehabilitation program must include at least two unannounced drug tests and satisfy at least one of the following requirements:

• Be qualified to receive funds directly or indirectly from a federal, state, or local government program;
• Be qualified to receive payment directly or indirectly from a federally or state-licensed insurance company;
• Be administered or recognized by a federal, state, or local government agency or court; or
• Be administered or recognized by a federally or state-licensed hospital, health clinic, or medical doctor.

Campus Services:

Alcohol and Drug Compliance Services

Alcohol and Drug Compliance Services provides a variety of services for students to complete sanctions mandated through a judicial process, mainly the university's Student Conduct or Municipal Court. Services include a Community Service Program, Marijuana Awareness Program (Marijuana 101), Personal Development, Under the Influence, and a state-certified Alcohol Education Program for Minors through the Texas Department of Licensing and Regulation. Alcohol and Drug Compliance Services is located in the LBJ Student Center, room 5-9.1. The telephone number is 512.245.3601.

The Assessment and Counseling Clinic

The Assessment and Counseling Clinic provides a variety of counseling services for the campus and the 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.

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.

Bobcat Balance

Texas State employees are encouraged to use Bobcat Balance, which provides assistance with personal, family, or alcohol and drug-related problems. This includes free counseling and legal advice. Call 855.884.7224 or visit the Human Resources Bobcat Balance website to access these resources.

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, and 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.

Additionally, community-based support groups in San Marcos meet on a regular basis. These groups include Alcoholics Anonymous and Narcotics Anonymous. For specific meeting dates, times, and locations, call any of the following groups or consult the Hays County Intergroup AA website.

Cenikor Foundation provides Recovery Support Services: 888.236.4567
Alcohol and Drug Compliance Services: 512.245.3601
River Group: 512.396.2060
Rule 62 Group: 512.938.9245; 800.839.1686
Horton House: 512.444.0071
Cocaine Anonymous: 512.479.9327 or 512.339.HELP (4357)
Narcotics Anonymous Hill Country: 855.864.2262
Narcotics Anonymous Central Texas: 512.480.0004

Conduct Related to Drug and Alcohol Offenses

I. Crime 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 $2,000; 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 $4,000; 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 two years or less than 180 days and by a fine not to exceed $10,000.

A third degree felony is punishable by imprisonment for any term of not more than 10 years or less than two years and a fine not to exceed $10,000.

A second degree felony is punishable by imprisonment for any term of not more than 20 years or less than two years and a fine not to exceed $10,000.

A first degree felony is punishable by imprisonment for life or for any term of not more than 99 years or less than five 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 one gram is a state jail felony; more than one gram and less than four grams is a second degree felony; more than four grams and less than 200 grams is a first 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 15 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 second degree felony; number of abuse units more than 80 and less than 4,000 is a first degree felony; more than 4,000 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 one gram is a state jail felony; more than one gram and less than four grams is a second degree felony; more than four grams and less than 400 grams is a first degree felony; and more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,00 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 second degree felony; more than 200 grams and less than 400 grams is a first 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 one gram is a state jail felony; more than one gram and less than four grams is a third degree felony; more than four grams and less than 200 grams is a second degree felony; more than 200 grams and less than 400 grams is a first 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 third degree felony; number of abuse units more than 80 and less than 4,000 is a second degree felony; more than 4,000 units and less than 8,000 units is a first degree felony; and more than 8,000 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 one gram is a state jail felony; more than one gram and less than four grams is a third degree felony; more than four grams and less than 400 grams is a second degree felony; and more than 400 grams is life imprisonment or a term of five 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 third degree felony; more than 200 grams and less than 400 grams is a second degree felony; and more than 400 grams is life imprisonment or a term of five 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 third degree felony; more than 200 grams and less than 400 grams is a second degree felony; more than 400 grams is life imprisonment or a term of five 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 second degree felony; more than 50 pounds and less than 2,000 pounds is a first degree felony; and more than 2,000 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 two ounces is a Class B misdemeanor; more than two ounces and less than four ounces is a Class A misdemeanor; more than 4 ounces and less than five pounds is a state jail felony; more than five pounds and less than 50 pounds is a third degree felony; more than 50 pounds and less than 2,000 pounds is a second degree felony; and more than 2,000 pounds is life imprisonment or a term of five 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 second degree felony punishable by imprisonment for a term of not more than 20 years or less than two 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, provides that the offense of driving while intoxicated is punishable as a Class Be misdemeanor with a minimum term of confinement of 72 hours unless the driver had an open container of alcohol in their 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 third 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 $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of eight 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 $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of eight 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 $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of eight 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 $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of eight 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 A misdemeanor punishable by a fine up to $4,000.

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 $2,000; confinement in jail for a term not to exceed 180 days; or both fine and imprisonment; community service of eight to 40 hours; suspension of Texas Driver's License for 30 to 180 days and attendance at an alcohol awareness program.