Texas Education Code

Sec. § 37.122
Possession of Intoxicants on Public School Grounds


A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while:


on the grounds or in a building of a public school; or


entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school of this state is being held.


It is a defense to prosecution under this section that the person possessed the intoxicating beverage:


at a performing arts facility; and


during an event held outside of regular school hours and not sponsored or sanctioned by a school district.


An officer of this state who sees a person violating this section shall immediately seize the intoxicating beverage and, within a reasonable time, deliver it to the county or district attorney to be held as evidence until the trial of the accused possessor.


An offense under this section is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 834 (H.B. 2633), Sec. 3, eff. September 1, 2019.

Last accessed
Jun. 7, 2021