Untitled Texas Attorney General Opinion

Honorable G. A. Walters county 4ttorney San saba county San Saba, Texas Dear Siri Opinion No. O-2143 Re: The gift of intoxidating liquors to infants. Your request for an opinion upon the above stated subjeot has been received and aonsidered by this depal-tment. To wrreotly present your problem, we quote as,follons from your letter: "I desire to prosecute a bootlegger here at San Saba for giving whiskey and beer to each of four minor girls causing them all to get drunk. The ages of the girls range from fifteen to seven- teen years and I do not find but one artiole in the Penal Code to-wit, Art. 693 makes it a penal- ty of not lessthen #25&O nor more than #loo. . . . "I am wondering whether Artiole 693 has been repealed by the Texas Liquor Law? If so, can you aite me to any statute making it a violation of law to give intoxicating liquor to a minor?" Article 693, Penal Code of Texas, reads as follows: "1Layperson who shall give or deliver, orcause tobe.given or delivered, or bs in any may concerned .itithe gift or delivery of any spiritous, vinous. malt or intoxioating liquors to any person under the age of twenty-one,years, without the written consent of the parent or guardian of such minor, or any per- son. who, as agent for or employed by an express oom- .prjnyor other common carrier, or who, as agent for or employe of any other person, firm, or corporation, delivers or causes to be delivered, any spiritous, vinous, malt or intoxicating liquors to any person under the age of twenty-one years, whether consigned to such person or ~to some other person, without the written oonsent of the parent or guardian of suchminor sHal1 be fined not less than twenty-five nor more than one hudred dollars. Acts 1909, p. 119." Honorable 0. A. Halters, Page 2 (O-2143) &tide 1, Seation 49, H.B. 7'7,Aots 1935, 44th Legislature, Second Called Session, provided that: "Sec. 49, Chapter 7 of Title II, Penal Code of Texas of 1925, and all amendments thereto are hereby expressly repealed. Title 80, Revised Civil Statutes, 1925, and all amendments thereto are hereby expressly repealed.* Chapter 7, Title 11 of the Revised Crjminal Statutes of 1925; related to the use and sale of intoxicating liquors and~included hrti- clea 666 and 694. Article 693, relating to the gift or delivery of in- intoxicants to minors, was expressly repealed thereby. ., 'Section (b) of Artiole 666-26 provides thatr "0). It shall further be unlawful for any person tomklioti~nglysell any liquor to any person under tire&y- 'one (2l).years age;or to any person who'is intoxioat- ed, or'to any habitual drunkard, or to any insane person. Acts,.l935,44th Leg., 2nd C.S., p. 1795, ch. 467, Art. 1, @ 26; A&s 1937,.45th Leg., p. 1053, ch. 446, g34.e (Cnderscoring ours) Obviously, this does not govern nor apply to the oase now before us. Consequently, it is our opinion, and you are respectfully advised, that there is no express nor implied provision intie present laws of this State whereby a county official or any person or persons charged with the administration and enforcement of the Liquor Control Act can prosecute ariminally those 'personsguilty of giving intoxicating liquors to ohildrsa under age. However, for your information and aonsideration, wa refer you to Article 534, Vernon's Annotated Penal Code, and Artiale 1083, Code of Criminal Procedurei' These statuory provisions relate to, and provide pun- ishment for, those who contribute to the delinquency of a child under the age of seventeen. Trusting that the above satisfactorily answers your inquiry; we remain Yours very truly ATTOREEYGEEERALOFTEXAS GWXLM By s/W. J. Fanning APPROVED APR 19 1940 X6. J. Fanning s/ Gerald C. l"la& By s/ Grundy Wiili&ss ATTCRERY GEXERAL OF~TEXAS Grundy Williams