JIM MATTOX 

Attorney General 

Suprem Court Suildlng 

P. 0. Box 12548 

Austln. TX. 7071% 2546 

512l47525Ql 

T&x gl(yB7C1367 

T&cq&r 512/475&?3S 

714 Jackson. Suite 700 

oeIlee,Tx. 7!52024ce 

214x2%844 

4324 Alberta Avs.. Suite 160 

ElPseo.lx. 7woM793 

WW3344W 

1Wl Texas, Sutt~ 7W 

Noueton. TX. 77002-3111 

713n23eSm 

606 8msdway. Suite 312 

Lubbock.Tx m1-3479 

303iT476238 

4308 N. Tenth, Sutta S 

McAtlenn. TX 76501-1665 

612mS2e47 

2mMslnflsa%sulte4w 

fan Antonlo, TX. 762052797 

612/2264181 

An Eauel OPportUnitY~ 

The Attorney General of Texas 

November 14. 1985 

Mr. W. S. McBeath 

Abirdstrator 

Texas Alcoholic 

commissioa 

P. 0. Box 13127 

Austin, Texas 

Bererage 

787ll 

Opinion No. ~~-380 

Ret Iðer a justice of the peace 

or nnmiclpal court has jurisdiction 

to try a misdemeanor offense under 

chapter 106 of the Texas Alcoholic 

Beverage Code file against a 15- 

or 16-year-old defendant who has no 

prior record 

Dear Mr. McBxath: 

You bave reqmeted our opinion regarding the following question: 

Does a justice of the peace or"&lcipal court 

l-me jurj.sdiction to try a misdemeanor offense 

under any provision of chapter 106 of the Texas 

Alcoholic:. Bev&age Code filed against a fifteen or 

sirteewp~r-old defendant who has no prior record 

of any ol.oletioas of law? 

As a pr&.mI&y matter, the criminal jurisdiction of a municipal 

tiourt cad a juet:kr of the peace court is limited to misdemeanor 

offeases punisbeble by fine only; See Tex. Coast. art.. V. IBl. 19; 

see also V.T.C.S. srt. 1195; Code CrKProc. arts. 4.11, 4.14. These 

two courts ,%ave cmncurrent jurisdiction over Class C misdemeanors. 

See Penal Code CU.23 (individuals adjudged guilty of a Class C 

~dsmsauor shall be punished by a fine not to exceed $200). 

Consequently, ajustice of the peace court and a municipal court would 

have jurisdiction over misdem&n or offenses found -in chapter 106 of 

the Alcoholic Beverage Code which are punishable by fine only. Thus, 

the two courts woultd not have jurisdiction of section 106.08 of the 

code because the maximum punishment upon conviction may include 

confinement in the ~county jail. See Alto. Bev. Code 01.05. - 

This office ha:6 concluded on several occasions that minors may be 

prosecuted in cr!minal court for possible violations of offenses 

prohibiting the possession and consumption 'of alcoholic beverages. 

Attorney General Cpinions E-320 (1974); M-327 (1968); WW-1171 (1961). 

Attorney General Op,inion WW-1171 concluded that certain laws involving 

p. 1737 
Mr. W. S. HcBeath - Page 2 (3'14-380) 

alcoholic beverages prwidml an exception to the statutory provision 

against prosecuting minors in criminal court. 

Since the issuance of these opinions, the legislature has 

recodified those penal lms involving alcoholic beverages into the 

Alcoholic Beverage Code. See Alto. Bev. Code 50106.01 et seq. 

Chapter 106 of the AlcchoE Beverage Code contains provisions 

relating to age, including: several misdemeanor provisions involving 

conduct by a minor. ALo. Bev. Code $$106.02-106.07. The code 

presently defines "minor" as a person under 19 years of age. Id. 

5106.01; but see Acts 1985, 69th Leg., ch. 285, 011, at 2390; AZ 

1985. 69th Leg., ch. 462, $9. at 3129, 3141. 

The Penal Code prwidcs that "[ulnless the juvenile court waives 

jurisdiction and certifies the individual for criminal prosec+ioa. a 

person may not be prosecuted for or convicted of any offense. . . . ." 

See Penal Code 58.07(b). The three express statutory exceptions to 

Es waiver provision are perjury, aggravated perjury and state 

traffic offenaes excluding driving while intoxicated and driving under 

the influence of drugs. See: Penal Code 58.07(b). --. 

Jurisdiction of the jmenile court $s defined by Title III of the 

Family Co&. Family Code OSl.Ori(a).~ Section 51.04(a) of the Family 

Cc&provides: 

This title mmrs the ~proceedings in all cases 

iuvolving the delimpient conduct or conduct 

indicating a neelrfor eupem%eion engaged in by a 

person who was a~child~within the meanUg of this 

title at.the time'hegaged in the conduct, and 

the juvenile court has exclusive original jurisdiction Over I G:oceedin 8 under this title. 

o?mpbasis added),: 

The Family Code defines "child" as a petson "ten years of age or older 

and under 17 years of age.'" See Family Code 551.02(1)(A). "Delinquent conduct" is not rtpplicable to misdemeanor offenses. See 

Attorney General Opinion.' E-487 (1975); see also Family Code 

C54.02(a)(l). However. "(louduct Indicating .A Need for Supervision" 

has been defined by the legislature to include "three or more" 

offenses that are a violation of a penal ordinance of a "political 

eubdlvision of this state." See Family Code 051.03(b)(l)(B) (this. 

provision excludes traffic offenses). Consequently, Attorney General 

Opinion JM-316 (1985) concluded that a municipal court does not have 

jurisdiction Over a Class C misdemeanor offense involving a fifteen or 

sixteen-year-old defendant who has fever than three prior Class C 

misdemeanor convictions. 

p. 1738 
Mr. W. S. McBeatb - Page 3 (JM-380) 

‘I 

The Attorney Gener,LL, in 3!4-316. reasoned that .section 51.08 of 

the Family Code re.quirmh that the mmicipal court transfer these cases 

to the juvenile court :Eor disposition. We believe that Attorney 

General Opinion .lM-316 (1985) is consistent with one of the general 

purposes of Title III ,3:E the Family Code "to remove from children 

committing unlawful acts .the taint of criminality and the consequences 

of criwinal behavior and to substitute a program of treatment. 

training and rehabilitati~on." See Family Code S51.01(3); see also 31 

Tsx. hr. 3d Delinquent;ChildK 56. The proceeding in juvenile 

court is civil in naturtVr and fewer than three Class C misdemeanors 

are not considered crimlual prosecutions. See Steed v. State, 183 

S.W.2d 458 (Tex. 1944); see also Family Code 051.13(a); Attorney 

General Opinion .I+316 (1985). 

Attorney General Oplr~iou JM-316 did not discuss the ap$licatioa 

of the Alcoholic Beverage Code when violated by minors. Although the 

legislature intended that a minor child's unlawful acts be prosecuted 

within the juvenile courts as a general rule, it has provided a 

specific statutory procedure exclusively for minors to be followed in 

criminal prosecution of minors under chapter 106 of the Alcoholic 

Beverage Code. The 1egiaLature has provided that when a child under 

the age of 19 is prosecuted in c-1 court, mnicipal or jusfice 

court, for violation of an offense in the Alcoholic Beverage Code, the 

court having jurisdiction Over the offense is required to adopt a. 

apecialiaed procedure. Mco. Bev. Code $§106.10-.12; see also R. 

Da-. Texas Juveuile Law 37 (1984) (general discussion on 

specialized procedure for-zors in the Alcoholic Beverage Code). 

A&ordingly. -Attorney General Opinion JM-316 (1985) is not applicable 

to the prosecution of minors, fifteen or sixteen-year-olds, who have 

violated eny provision pf chapter 106 of the Alcoholic Beverage Code. 

See Attorney General OpkLons H-320 (1974); K-327 (1968); WW-1171 

m61). 

The specialized procedure requires that the minor may not plead 

guilty except in ape* cm.rt, Alcoholic Beverage Code L106.10, the 

minor may not be convicted generally unless his parent or guardian is 

present in court., Alcoholic: Beverage Code 5106.11(a). and the minor 

convicted of nof more than one violation may apply to the conrt, on 

attaining the.age of 19, to have the'conviction expunged from his 

record. Alcoholic Beverage! Code 0106.12(a). The legislature has 

provided a similar procedt.re to be followed by a criminal court, 

municipal court or justice :ourt, when a minor has violated a traffic 

offense. See V.T.C.S. art:, 67011-4, Ola, 12. Moreover, traffic 

offenses areexempted from ‘the exclusive jurisdiction of the juvenile 

court. Therefore to conclucle that a municipal court has jurisdiction 

to try an offense under the Alcoholic Beverage Code, which is 

punishable by a fine only, does not create a conflict with Attorney 

General Opinion JM-316 (1985.). 

p. 1739 

1 
Mr. W. S. McBeath - Page 4 (JM-380) 

SUMMARY 

A justice of the peace court or a municipal 

court has jurisdiction to try a misdemeanor 

offense of the Texas Alcoholic Beverage Code which 

is punishable by fine only filed against a 15- or 

16-year-old defendant who has no prior record of 

any violation of law. 

JIM MATTOX ., 

Attorney General of Tetis 

MUTKEILgR 

l?.recutive Assistant Attorney General 

BOBBBT GUT 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tony Guillory end 

SuaanL. Gsrrison 

Assistant Attorneys General 

APPROVED: 

opmICNcGMMITlxE 

Rich Gilpin, Chairman. 

Colin Carl 

SuaanGarrison 

Tony Guillory 

Jim Moellinger 

Jennifer Riggs 

Nancy Sutton 

Sarah Woelk 

0 

p.2740