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 opinionupon the above stated subjeothas been received and aonsideredby this depal-tment.To wrreotly presentyour problem,we quote as,follons from your letter:

"I desire to prosecute a bootleggerhere at San Saba for givingwhiskey and beer to each of fourminor girls causing them all to get drunk. The ages of the girlsrange from fifteen to seventeen years and I do not find but one artiole in the Penal Code to-wit, Art. 693makes it a penalty of not lessthen #25&O nor more than #loo.
. . . "I am wondering whetherArtiole 693 has been repealedby the Texas Liquor Law? If so, can you aiteme to any statutemaking it a violation of law to give intoxicating liquor to a minor?" Article 693, Penal Code of Texas, reads as follows: "1Lay personwho shall give or deliver, orcause tobe.given or delivered, or bs in anymay concerned .iti the gift or delivery of any spiritous,vinous. malt or intoxioatingliquors to any person under the age of twenty-one,years,without the written consent of the parent or guardian of suchminor, or any person.who, as agent for or employed by an express oom- .prjny or 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-oneyears, whether consigned to such person or ~to some other person,without the written oonsent of the parent or guardian of suchminor sHal1be fined not less than twenty-fivenor 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"Sec. 49, Chapter 7 of Title II, Penal Code of Texas of 1925, and all amendments thereto are hereby expressly repealed.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 

### CivilStatutes, 1925, and all amendmentsthereto are hereby expressly repealed.* Chapter 7, Title 11 of the Revised Crjminal Statutes of 1925; related to the use and sale of intoxicating liquors and~included hrticlea 666 and 694. Article 693, relating to the gift or delivery of inintoxicants to minors, was expresslyrepealed thereby.

., 'Section(b) of Artiole 666-26 provides thatr "0). It shall further be unlawful for any person tomklioti~ngly

sell any liquor to any person under tire&y- 'one (2l).years age;or to any personwho'is intoxioated, or'to any habitual drunkard, or to any insaneperson. Acts,.l935,

44th Leg., 2nd C.S., p. 1795, ch. 467, Art. 1, @ 26; A&s 1937,.45thLeg., p. 1053, ch. 446, g34.e (Cnderscoringours) 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 expressnor implied provision intie present laws of this Statewhereby a county official or any person or persons chargedwith the administrationand enforcement of the Liquor Control Act can prosecute ariminallythose 'personsguilty of giving intoxicatingliquors to ohildrsa under age. However, for your informationand aonsideration,wa referyou to Article 534,Vernon's Annotated Penal Code, and Artiale 1083, Code of Criminal Procedurei' These statuoryprovisions relate to, and provide punishment for, those who contribute to the delinquency of a childunder the age of seventeen.

Trusting that the above satisfactorilyanswers your inquiry; we remain
Yoursvery truly
ATTOREEYGEEERALOFTEXAS
GWXLM APPROVED APR 19 s/ Gerald C. l"la&

1940
ATTCRERY GEXERAL OF~TEXAS By s/W. J. Fanning X6. J. Fanning By s/ GrundyWiili&ss Grundy Williams