Texas § 37.122 POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS.

Texas Statutes

§ 37.122 — POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS.

Texas § 37.122

Code EDEducation Code

This text of Texas § 37.122 (POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Education Code Code Ann. § 37.122 (2026).

Text

Sec. 37.122. POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS.

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

(1)on the grounds or in a building of a public school; or

(2)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. (a-1) It is a defense to prosecution under this section that the person possessed the intoxicating beverage:

(1)at a performing arts facility; and

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

(b)An officer of this state who sees a person violating this section shall immediately seize the intoxicating beverage and, within a

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Sec. 37.122. POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS. (a) A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while:
(1) on the grounds or in a building of a public school; or
(2) 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.
(a-1) It is a defense to prosecution under this section that the person possessed the intoxicating beverage:
(1) at a performing arts facility; and
(2) during an event held outside of regular school hours and not sponsored or sanctioned by a school district.
(b) 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.
(c) An offense under this section is a Class C misdemeanor.

Legislative History

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.