Dear Lochradio,
First of all, before I begin to answer, let me repeat the general
disclaimer that is printed on the bottom of this page: "Important
Disclaimer: Answers and comments provided on Google Answers are
general information, and are not intended to substitute for informed
professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice. Google does not
endorse, and expressly disclaims liability for any product,
manufacturer, distributor, service or service provider mentioned or
any opinion expressed in answers or comments.".
Reviewing the Texas Alcoholic Beverage Code (CHAPTER 106. PROVISIONS
RELATING TO AGE), it seems that a parent cannot be legally charged
under the circumstances you described. More accurately, the law does
not detail such a possibility among the punishments provided by the
law to deal with offences of "Minor in Possession" (106.071).
A minor is allowed to drink only at the presence of their parents (see
sec. 106.04 (b)).
However, regarding mandatory alcohol awareness programs, "the court
may require the parent or guardian of the defendant to attend the
program with the defendant." (See sec. 106.115 (a)).
In addition, "(b) A person may purchase an alcoholic beverage for or
give an alcoholic beverage to a minor if he is the minor's adult
parent, guardian, or spouse, or an adult in whose custody the minor
has been committed by a court, and he is visibly present when the
minor possesses or consumes the alcoholic beverage.; (c) An offense
under this section [i.e., an adult who is not the parent and purchases
the beverage for the minor] is a Class A B misdemeanor." (Se.
106.06.).
Texas Alcoholic Beverage Code - CHAPTER 106. PROVISIONS RELATING TO AGE
<http://www.texassafetynetwork.org/underage/law/tabccode.htm>.
However, things can change, or to depend on exact details of the case.
If you have any reason to be concerned, please contact an attorney.
Further Reading
===============
"Parental Responsibility Laws"
<http://ojjdp.ncjrs.org/pubs/reform/ch2_d.html> - a national overview.
It is stated that Texas encourages parent-child participation in
community programs [such as the alcohol awareness programs, my
addition] and requires that a parent will be present in court.
"Drinking Age and Alcohol Laws for All 50 States"
<http://www.youthrights.org/dastatelist.html>
Search terms
============
texas mip parental responsibility
texas parent "charged" minor drinking
I hope this answered your question. Please contact me if you need any
clarification on this answer before you rate it. |
Request for Answer Clarification by
lochradio-ga
on
13 Feb 2004 18:15 PST
Thanks for your concern, however, I'm not asking because I have a
child in trouble. I'm simply having a disagreement with a co-worker
about the Bush twins' activity and whether President Bush could
possibly be found liable.
So, to clarify, I understand that the Texas Alcoholic Beverage code
does not have any mention of parental liability, but your second
article mentions parental liability for any illegal activity. Does
that apply in Texas? I couldn't tell by reading the article you'd
listed.
Thanks
|
Clarification of Answer by
politicalguru-ga
on
14 Feb 2004 02:50 PST
Dear Lochradio,
I am quiet happy for you that this is a discussion on the Bush
daughters, and not a "real life case".
There is a general parental liability in , in the sense that parents
(or legal guardians) are generally responsible for the behavior of
their off springs. However, in Texas, regarding MIP ("Minor in
possession"), there are not direct laws.
Parental liability in texas exist in cases of torts (Texas holds each
parent liable up to $25,000, if their minor child "willfully or
maliciously" injures a person or damages property). (See: Family Code,
Ch. 41 <http://www.capitol.state.tx.us/statutes/fa/fa0004100.html#top>).
*Maybe*, if torts as part of MIP could be proven, a parent might be held liable.
Texas also has parental liability when it comes to gun storage and
access of minors to their paernts' guns [See: Hoffmeyer v. Hoffmeyer,
869 S.W.2d 667 (Tex. Ct. App. 1994)].
I don't know who is right in this case, you or your friend, but may I
also express a personal opinion, that despite the equality before the
law, some have more money and power than others, and therefore would
probably not be treated the same as John Doe, whose minor daughter was
caught drinking. As mentioned before, according to the Texan law, the
court *may* choose the send the parent to alcohol awareness classes as
well. This has not happened in this case.
|
