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append8-2007-07-14

Appendix VIII: Texas A&M University Alcohol Rules and the Laws That Apply to Student Organizations, Residence Hall Students, and Others (Revised: 2003)

Revision to Appendix VII approved on 7/14/2006 by Faculty Senate and signed by the President on 7/11/2007. This rule change is effective 7/18/2007.  Please see Current Appendix VIII for up to date information.

 

I. Introduction Individuals must be at least 21 years old to purchase, possess, or consume alcoholic beverages. Texas A&M University is an educational institution dedicated to the pursuit of excellence, the promotion of academic achievement and the advancement of knowledge. Because of the university’s interest in the intellectual, physical and psychological well being of the campus community, it is important that the university take steps to curtail the abusive or illegal use of alcoholic beverages. Educating students about the effects of misuse and use of alcohol will help accomplish these goals. Legal Requirements Concerning the Use of Alcohol This summary is intended to provide general information to students of Texas A&M University. It is for reference only and is not intended to provide legal advice. Specific advice regarding an individual person or situation should be requested from an attorney. The use of alcoholic beverages by members of the Texas A&M University community is at all times subject to the alcoholic beverage laws of the State of Texas. Such laws include:

  1. Provisions Relating to Age
  1. Punishment for Alcohol-Related Offense by Minor. The following penalties apply for Minor in Possession Violations (MIP) which include Attempted Purchase, Purchase, Possession, Consumption of Alcohol, and Misrepresentation of Age. ABC§106.071

Penalties for Minor in Possession (MIP)

Offense

Fine

Community Service

Loss of License

Education

Jail

1st

Up to $500

8-12 hours

30 days

Required

None

2nd

Up to $500

20-40 hours

60 days

Judges’ option

None

3rd

$250-$2000

None

180 days

Judges’ option

Up to 180 days

Deferred Adjudication is considered a conviction for enhancement (See Section C-2 below).

2. Expunction of Conviction of a Minor. Any person convicted of not more than one alcohol-related violation while a minor, on attaining the age of 21 years, may apply to the court to have the conviction expunged. The applicant shall be released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose. ABC§106.12

3. Purchase of Alcohol by a Minor. A minor commits an offense by purchasing an alcoholic beverage; punishable by §106.071. (For penalties, see Section A-1 above). ABC§106.02

4.Attempted Purchase of Alcohol by a Minor. A minor commits an offense by an act amounting to more than mere preparation to purchase an alcoholic beverage; punishable by §106.071 (For penalties, see Section A-1 above). ABC§106.025

5. Sale to Minors. A person commits an offense by selling an alcoholic beverage to a minor through an act of criminal negligence. This is a Class A misdemeanor. (For penalties, see Section C below). ABC§106.03

6. Consumption of Alcohol by a Minor. A minor commits an offense by consuming an alcoholic beverage; punishable by §106.071. (For penalties, see Section A-1 above). An order of deferred adjudication under this section is considered a conviction of an offense. ABC§106.04

7. Driving Under the Influence of Alcohol by a Minor (DUI). A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. This is a Class C misdemeanor except if the minor has been previously convicted at least twice of an alcohol-related offense. Deferred Adjudication is considered a conviction for enhancement. A Minor is not eligible for deferred adjudication on 3rd offense. (For penalties, see the following chart and Section C-1 below. See also Sections B-8, 9). ABC§106.041

Penalties for DUI by a Minor

Offense

Fine

Community Service

Loss of License

Education

Jail

Failing*

Refusing*

1st

Up to $500

20-40 hours

60 days

180 days

Required

None

2nd

Up to $500

40-60 hours

120 days

2 years

Judges’ option

None

3rd

$500-$2000

40-60 hours

180 days

2 years

Judges’ option

Up to 180 days

*Failing a breath/blood test means there was ANY detectable amount of alcohol present. Due to Implied Consent, refusing to take the breath/blood test results in higher penalties. TC§724.035

8. Possession of Alcohol by a Minor. A minor commits an offense by possession of an alcoholic beverage; punishable by §106.071 (For penalties, see Section A-1 above). Exceptions: a minor may possess an alcoholic beverage while in the course and scope of employment, or in the visible presence of an adult parent, guardian, or spouse. ABC§106.05

9. Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor. A person commits an offense by purchasing an alcoholic beverage for a minor, or by furnishing an alcoholic beverage to a minor through an act of criminal negligence. This is a Class A misdemeanor. (For penalties, see Section C-1 below). ABC§106.06

10. Misrepresentation of Age by a Minor. A minor commits an offense by falsely stating or presenting any document indicating that the minor is 21 years of age or older to a person engaged in selling or serving alcoholic beverages. This is a Class C misdemeanor. (For penalties, see Section C-1 below). ABC§106.07

B. Intoxication and Alcoholic Beverage Offenses

1. Definition of Intoxication. "Intoxicated" is either 1) not having the normal use of mental or physical faculties due to the introduction of alcohol or other drugs into the body; or 2) having an alcohol concentration of 0.08 or more. PC§49.01 2. Public Intoxication. An individual commits an offense by appearing in a public place while intoxicated to the degree that the individual may endanger the person or another. This is a Class C misdemeanor. (For adult penalties, see Section C-1 below. For minor penalties, see Section A-1 above). PC§49.02 3. Possession of Alcoholic Beverage in Motor Vehicle. A person commits an offense by knowingly possessing an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.  This is a Class C misdemeanor. (For penalties, see Section C-1 below). PC§49.031 4. Driving While Intoxicated. A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. If at the time of the offense the driver had an open container of alcohol in their immediate possession, the offense is a class B misdemeanor, and the minimum term of confinement is six days. A second DWI within 5 years will cause installation of a breath test device on the vehicle to prevent operation if ethyl alcohol is detected in the operator's breath.  If the driver had a passenger who is younger than 15 years of age, the DWI is a state jail felony, instead of a Class B misdemeanor.  The fact that the driver is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.  Each year, the Department of Public Safety (DPS) assesses a surcharge on the driver's license of drivers who during the past 3 years were convicted of DWI.  The surcharge is $1,000 per year for 3 years.  A second DWI conviction costs a surcharge of $1,500 per year for 3 years.  If the driver had an alcohol concentration of 0.16 or more, the surcharge is $2,000 per year for 3 years.  Driver licenses can be suspended for one year for DWI.  Driving with a suspended license is a Class B misdemeanor with increased license suspension time.  In addition, the DPS assesses a $250 surcharge on the license per year for 3 years.  (For penalties, see the following chart and Section C-1 below. See also Section B-8, 9 below). PC§49.04

Penalties for Driving While Intoxicated

 

Fines

License Loss

Jail

1st Offense

Up to $2,000

90 days - 1 year

72 hours – 180 days

2nd Offense

Up to $4,000

180 days - 2 years

30 days – 1 year

3rd Offense or more

Up to $10,000

180 days - 2 years

2 – 10 years

5. Flying or Boating While Intoxicated. A person commits an offense if the person is intoxicated while operating an aircraft or watercraft. This is a Class B misdemeanor with minimum jail term of 72 hours. (For penalties, see Section C-1 below. See also Section B-9 below). PC§49.05, §49.06

6. Intoxication Assault. A person commits an offense by causing serious bodily injury to another, by accident or mistake, while operating an aircraft, watercraft, or motor vehicle in a public place while intoxicated. This is a 3rd Degree felony. (For penalties, see Section C-1 below. See also Section B-8, 9 below). PC§49.07

7. Intoxication Manslaughter. A person commits an offense by causing the death of another, by accident or mistake, while operating an aircraft, watercraft, or motor vehicle in a public place while intoxicated. This is a 2nd Degree felony. (For penalties, see Section C-1 below. See also Section B-8, 9 below). PC§49.08

8. Administrative License Revocation. Upon arrest for DWI, Intoxication Assault, or Intoxication Manslaughter, failing the breath/blood (BAC) test can result in license revocation. Revocation may not be probated and there is a $125 reinstatement fee. An appeal process is available. (For penalties, see the following chart). TC§524.022

License Revocation Penalties for Adults

Terms of Offense

Failing BAC test

Refusing BAC test

1st Offense

90 days license revocation

180 days license revocation

Previous Revocation due to: Refusal/failure of BAC test

1 year license revocation

2 year license revocation

Previous Revocation due to: DWI or Intoxication Manslaughter

1 year license revocation

2 years license revocation

9. Consent to Taking of Specimen. A person arrested for DUI, DWI, Intoxication Assault, Intoxication Manslaughter, or Boating While Intoxicated, implicitly consents to taking of breath or blood specimens. Analysis of the specimens is to determine the presence or concentration of alcohol or other drugs. The person arrested may consent to submit to the taking of any other type of specimen (For adult penalties, see the chart in Section B-8. For minor penalties, see the chart in Section A-6 above). TC§724.011

10. Consumption After Hours. Consumption of alcoholic beverages in public areas is restricted in the cities of Bryan and College Station during the hours of 2 a.m. - 7 a.m. Monday through Saturday, and 2 a.m. - 12 noon, on Sunday. "Public place" means any place to which the public or a substantial group of the public has access. This includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. This is a Class C misdemeanor. (For penalties, see Section C-1 below). An exception to this law is that mixed beverage premises license holders only may also provide mixed beverage service between the hours of 12 noon and 10 p.m. on Sunday. The mixed beverage service may be provided only in conjunction with the service of food.

C. Legal Charges and Penalties

Legal Charges

Fine and/or

Imprisonment

1st Degree Felony Punishment

Up to $10,000

5 to 99 years

2nd Degree Felony Punishment

Up to $10,000

2 to 20 years

3rd Degree Felony Punishment

Up to $10,000

2 to 10 years

Class A Misdemeanor

Up to $4,000

Up to 1 year

Class B Misdemeanor

Up to $2,000

Up to 180 days

Class C Misdemeanor

Up to $500

none

  1. Enhanced Offenses and Penalties. Previous convictions for driving, boating, or flying while intoxicated will enhance the offenses and penalties for subsequent DWI convictions. One previous conviction enhances the offense to a Class A misdemeanor with a minimum term of 30 days. Two previous convictions enhance the offense to a 3rd Degree felony. PC§49.09
  2. No Defense. In a prosecution of consumption of alcohol in a motor vehicle, DWI, intoxication assault, or intoxication manslaughter, the fact that the defendant is or has been entitled to use the alcohol or other substance is not a defense. PC§49.10

 

  1. Texas A&M University Student Rules University Student Rules state that "drinking or having in possession any alcoholic or intoxicating beverage(s) in public areas of the campus is prohibited." Recognized Student Organizations - Sponsored Events Involving Alcoholic Beverages. It is expected that all student organizations will have their activities (sponsored, authorized, sanctioned, and/or financed) approved by the group's faculty/staff advisor. The student organization is responsible for assuring that alcohol consumption does not detrimentally affect the health and well being of those attending the event. Recognized student organizations may hold events involving alcoholic beverages under the following conditions:
  1. The possession, sale, use or consumption of alcoholic beverages, in public areas of the campus is prohibited. Any situation sponsored, authorized, sanctioned, endorsed, and/or financed by an undergraduate student organization must be in compliance with any and all applicable laws and rules of the state, county, city, and Texas A&M University, and must comply with either BYOB or third party vendor guidelines. In addition, the event or activity must be approved by the group’s faculty/staff advisor.
  2. No alcoholic beverage may be purchased through an undergraduate organization's funds, nor may the purchase of alcohol for members or guests be undertaken or coordinated by any member in the name of, or on behalf of, the undergraduate organization. The purchase or use of bulk quantity or common sources of such alcoholic beverage (i.e. kegs or cases) shall be prohibited.
  3. Open events, meaning those with unrestricted access to non-members of the undergraduate organization, without specific invitation, where alcohol is present, are prohibited.
  4. No members, collectively or individually shall purchase for, serve to, or sell alcoholic beverages to any minor (i.e. those under legal drinking age).
  5. No organization may enter into an agreement to co-sponsor an event with an alcohol distributor, charitable organization or tavern (tavern defined as an establishment generating more than half of the annual gross sales from alcohol) where alcohol is given away, sold, or otherwise provided to those present.
  6. No organization may co-sponsor or co-finance a function where alcohol is purchased by any of the host organizations or groups.
  7. All membership recruitment activities associated with any student organization shall be alcohol free.
  8. No alcohol shall be present at any new member activity of any student organization.
  9. The organization or organizations must establish active precautionary measures to ensure that alcoholic beverages are not served to persons under the legal drinking age or to persons who appear to be intoxicated.
  10. No event shall include any form of "drinking contest" or encourage the rapid consumption of alcohol in the activity or its promotion.
  11. Non-alcoholic beverages and non-salty food must be available at the same place as the alcoholic beverages. Food and non-alcoholic beverages must be featured as prominently as the alcoholic beverages.
  12. University Advertisement Rules Regarding Student Organization-Sponsored Events with Alcoholic Beverages.

Advertising of university events where alcoholic beverages will be consumed must be consistent with the educational philosophy of Texas A&M University and follow these conditions:

  1. Advertisement for any university event where alcoholic beverages are being served must note the availability of non-alcoholic beverages and food as prominently as the alcoholic beverages.
  2. The messages conveyed in the promotion of any event must not encourage any form of misuse of alcohol.
  3. Publicity must not convey that consumption of alcohol is the purpose or reason for the event.
  4. Promotion must not refer to the amount/quantity of alcohol (5-keg party, etc.).
  5. Advertisements for events must not portray drinking as a solution to personal or academic problems nor as necessary to social, sexual or academic success.
  6. Alcoholic beverages must not be provided as awards, door prizes, or giveaways to individuals or campus organizations.

Penalties for Non-Compliance

A student found guilty of noncompliance with these rules or the laws of the State of Texas has committed a violation of University Student Rules and is subject to sanctions commensurate with the offense and any aggravating and mitigating circumstances.

Recognized student organizations have a responsibility to abide by all conditions of these rules and University Student Rules. Actions of all recognized student organizations are subject to review by the Director of Student Activities or his/her designate. Failure to comply with the rules and/or University Student Rules may lead to the revocation of recognition privileges or any lesser sanction.

  1. Residence Hall Alcohol Rules Students 21 years of age or older who choose to consume alcoholic beverages are expected to do so in moderation to ensure residents’ rights to privacy, sleep and study within their rooms. Reasons for appropriate disciplinary or remedial action by the university include, but are not limited to: loud or disruptive behavior, interference with residence hall cleanliness, or drinking habits that are injurious to the health or education of an individual or those around him/her.
  1. Residence hall organizations, occupants and their guests are required to comply with state and local statutes concerning possession, sale, and consumption of alcoholic beverages.
  2. Alcoholic beverages may be possessed or consumed, but not sold, in the privacy of student rooms by those residents and their invited guests who are of legal drinking age. No alcohol is permitted in residence hall rooms where either resident is under the legal drinking age.
  3. Possession and/or consumption of alcoholic beverages is not permitted in the hallways, balconies, lounges, stairwells, courtyards, community bathrooms, parking lots or any public areas on campus. All alcohol that is transported through public areas must be unopened and concealed.
  4. All private gatherings involving alcohol that are held in student rooms must be confined to the specific room, and the door must be closed.
  5. Students may not possess excessive amounts of alcohol. The definition of "excessive" is at the discretion of the residence hall staff. Kegs, trash cans or other large vessels that contain alcoholic beverages are prohibited in the residence halls.
  6. Advertisement of private gatherings in residents’ rooms is prohibited.
  7. Residents are responsible for the guests' actions at all times. Alcohol use/misuse does not excuse disruptive, excessively noisy, indecent or any inappropriate behavior.
  8. Progressive drinking parties are not permitted.
  9. Violations of the alcohol rules will be referred to the university disciplinary system for disposition in the same manner as all university and residence hall rules violations.

For more information, call Student Life Alcohol and Drug Education Programs, (979) 845-0280.

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