Texas New ID Checking Law – Afirmative Defense

August 26, 2009
Dear TABC License and Permit Holders:
Please share the following with your employees, including the photos on the back. If you have questions, send them to questions@tabc.state.tx.us or call your local TABC office.
Texas Legislature Passed New ID-Checking Law
Prior to June 2009, a person who sold a minor an alcoholic beverage had a defense available if the minor provided a fake Texas driver’s license or ID card that showed the minor was 21 years old.
Senate Bill 693 filed by Senator Leticia Van de Putte changed the law to extend the defense to any photo ID issued by a state or the federal government. This new law went into effect June 19, 2009.
Section 106.03 of the Alcoholic Beverage Code now states that a person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor’s appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency.
The proof of identification could be a driver’s license or identification card issued by the Texas Department of Public Safety, a United States passport, a military identification card, or any other photo ID issued by a state or the federal government.
The defenses added by this are available to a person regardless of when the offense was committed, but only for trials commencing on or after the effective date, June 19, 2009.