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Texas
Texas

Identification

  • Acceptable Identification
    • Texas Election Code, § 63.0101
    • Texas Transportation Code, § 521
    • In Texas, the following forms of identification are considered acceptable in most situations (voting, law enforcement stops, or accessing services):
      • Texas Driver’s License issued by the Texas Department of Public Safety (DPS).
      • Texas Identification Card issued by the Texas DPS.
      • U.S. Passport (book or card).
      • U.S. Military ID with a photo.
      • Texas Handgun License issued by the DPS.
      • Tribal Identification Card issued by a federally recognized Native American tribe.
      • Permanent Resident Card (Green Card) or Employment Authorization Document (EAD).
    • For specific purposes like voting, Texas law has a narrower list of acceptable IDs (no tribal IDs are accepted for voting).
  • Acceptable Digital Identification
    • 89( R) HB 3426 Digital Driver’s License
    • As of now, Texas has not implemented a Digital Driver’s License (DDL) system. Legislation has been introduced to authorize the issuance of digital driver’s licenses and personal identification certificates, but these digital forms are not yet available to residents.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Texas Transportation Code, § 521.142
    • Non-citizens and foreign nationals in Texas may use the following forms of identification:
      • Foreign Passport with a valid visa and I-94 form.
      • Permanent Resident Card (Green Card).
      • Employment Authorization Document (EAD).
      • Consular Identification Cards issued by foreign governments (Mexican Matricula Consular).
      • Texas Driver’s License or Texas Identification Card, if eligible.
    • Non-citizens must provide proof of lawful presence to obtain a Texas-issued ID or driver’s license.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • Texas Transportation Code, § 521.142
    • No. Texas law does not allow undocumented individuals to obtain a state-issued ID or driver’s license.
    • Applicants must provide proof of lawful presence in the United States ( a valid visa, Green Card, or EAD) to be eligible for a Texas driver’s license or identification card.
    • Undocumented individuals may use alternative forms of ID, such as consular identification cards, for certain non-governmental purposes (banking).
  • What privacy protections are in place for Digital Id’s in this state?
    • As digital IDs are not yet implemented in Texas, specific privacy protections for such forms of identification have not been established.
  • Can Digital IDs be legally used for law enforcement verification?
    • Currently, digital IDs are not available in Texas; therefore, they cannot be used for law enforcement verification. Residents are required to present physical forms of identification during interactions with law enforcement or for other official purposes.

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • Texas Alcoholic Beverage Code, § 106.03
    • National Minimum Drinking Age Act of 1984
    • Federal Law:
      • Under the Minimum Legal Drinking Age Act of 1984, the federal government requires states to prohibit individuals under the age of 21 from purchasing or publicly possessing alcohol. States that do not comply risk losing federal highway funding. However, states may set their own rules for accessing alcohol-serving venues.
    • Texas State Law:
      • In Texas, individuals must be 21 years old to enter bars or venues that primarily serve alcohol, unless:
        • The establishment allows entry for individuals under 21 for non-alcoholic purposes (dining, concerts).
        • The individual is accompanied by a parent, legal guardian, or spouse who is 21 or older.
  • Age permitted to consume Alcohol
    • Texas Alcoholic Beverage Code, § 106.04
    • The legal drinking age in Texas is 21 years old.
    • Exception: Individuals under 21 may consume alcohol if it is provided by their parent, legal guardian, or spouse who is present and over the age of 21. This exception does not apply in licensed establishments (bars, restaurants).
  • Age permitted to serve Alcohol
    • Texas Alcoholic Beverage Code, § 106.09
    • Individuals must be at least 18 years old to serve alcohol in Texas. This includes serving alcohol in restaurants or bars.
    • Bartenders who mix or prepare alcoholic beverages must also be at least 18 years old.
    • Employees under 18 may work in establishments where alcohol is served, but they cannot handle or serve alcohol
  • Age permitted to purchase Alcohol
    • Texas Alcoholic Beverage Code, § 106.03
    • The legal age to purchase alcohol in Texas is 21 years old.
    • Retailers are prohibited from selling alcohol to anyone under 21, and they are required to verify the age of the purchaser by checking valid identification.
  • What is the consumable limit (if any)
    • Texas Penal Code, § 49.02 (Public Intoxication)
    • Texas law does not set a specific consumable limit for alcohol in terms of how much an individual can drink. Individuals may not exceed the legal BAC (Blood Alcohol Content) limit while driving or engaging in other regulated activities.
    • Overconsumption leading to intoxication can result in public intoxication charges or other penalties.
  • What is the purchase limit (if any)
    • Texas Alcoholic Beverage Code, § 61.71
    • Texas does not impose specific limits on the quantity of alcohol an individual can purchase at one time. Retailers may restrict sales based on their own policies or if the purchase appears to be for illegal purposes (reselling without a license).
    • For wholesale purchases or large quantities, proper licensing is required.
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • Texas Penal Code, § 49.01
    • Legal BAC Limits in Texas:
      • 0.08% for drivers aged 21 and older.
      • 0.04% for commercial drivers.
      • 0.00% (zero tolerance) for drivers under 21.
    • Driving with a BAC above these limits constitutes Driving While Intoxicated (DWI), which carries severe penalties.
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Texas Alcoholic Beverage Code, § 106.04
    • Yes, Texas law allows minors to consume alcohol under the following conditions:
      • The alcohol is provided by their parent, legal guardian, or spouse who is present and over the age of 21.
      • The consumption occurs in a private location (not in a licensed establishment such as a bar or restaurant).
    • Minors cannot consume alcohol in public places or licensed venues, even with parental consent.
  • What are the penalties for providing alcohol to minors at a private residence?
    • Texas Alcoholic Beverage Code, § 106.06
    • It is illegal to provide alcohol to a minor in Texas unless you are the minor’s parent, legal guardian, or spouse and are present at the time of consumption.
    • Penalties for Providing Alcohol to Minors:
      • A fine of up to $4,000.
      • Up to 1 year in jail.
      • Mandatory community service and participation in an alcohol awareness program.
      • If serious harm or death results from providing alcohol to a minor, additional criminal charges (contributing to delinquency or manslaughter) may apply.

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • Texas Health and Safety Code, § 161.082
    • FDA Tobacco
    • Federal Law:
      • FDA Tobacco 
      • Individuals must be 21 years old to purchase tobacco products in the United States. This law also prohibits anyone under 21 from entering certain tobacco-related venues, such as cigar shops or smoke shops, if they are not accompanied by an adult.
    • Texas State Law:
      • Texas law aligns with federal law, requiring individuals to be 21 years old to enter tobacco retailers or venues (cigar shops, smoke shops, or lounges) unless accompanied by a parent, legal guardian, or spouse who is over 21.
      • This restriction applies to venues that primarily sell or allow the consumption of tobacco products.
  • Age permitted to use Tobacco
    • Texas Health and Safety Code, § 161.252
    • There is no explicit age restriction under Texas law that prohibits the use of tobacco products. It is illegal for individuals under 21 years old to purchase, possess, or consume tobacco products.
    • Exceptions: Minors may possess or consume tobacco if they are under the supervision of a parent, legal guardian, or spouse who is over 21.
  • Age permitted to sell Tobacco
    • Texas Health and Safety Code, § 161.084
    • Individuals must be at least 18 years old to sell or handle tobacco products in Texas.
    • Employees under 18 may work in establishments that sell tobacco, but they cannot directly sell or handle tobacco products.
  • Age permitted to purchase Tobacco
    • Texas Health and Safety Code, § 161.082
    • The legal age to purchase tobacco in Texas is 21 years old, consistent with federal law.
    • Retailers are required to verify the age of purchasers using a valid government-issued ID.
  • What is the consumable limit (if any)
    • Texas Health and Safety Code, § 161.083
    • Texas law does not impose a specific consumable limit on tobacco products. Individuals may consume tobacco products without restriction, provided they are of legal age (21+).
    • Smoking or vaping is prohibited in certain public places, workplaces, and schools under local ordinances.
  • What is the purchase limit (if any)
    • Texas Health and Safety Code, § 161.082
    • Texas law does not establish a specific purchase limit for tobacco products. Individuals of legal age (21+) may purchase tobacco without restriction on quantity.
    • Retailers, may limit sales based on their own policies or to prevent illegal resale.
  • Are vaping products regulated differently from traditional tobacco in this state?
    • Texas Health and Safety Code, § 161.081
    • Yes, vaping products are regulated differently in Texas but are still subject to many of the same restrictions as traditional tobacco products.
    • Legal Age: Individuals must be 21 years old to purchase or possess e-cigarettes or vaping products.
    • Retailer Requirements: Vape shops and retailers must obtain a state license to sell e-cigarettes or vaping products.
    • Public Use Restrictions: Vaping is prohibited in many public places, schools, and workplaces under local ordinances.
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA Guidance on Flavored E-Cigarettes
    • FDA Tobacco
    • Texas Health and Safety Code, § 161.081
    • Federal Law (FDA):
      • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
      • This restriction applies to popular products like JUUL and other cartridge-based systems.
      • Flavored disposable e-cigarettes (Puff Bar) are not explicitly banned under federal law but are subject to FDA enforcement actions.
    • Texas State Law:
      • Texas does not have additional restrictions or bans on flavored vapes or disposable e-cigarettes beyond federal regulations.
      • Retailers must comply with FDA rules regarding flavored products and may not sell banned products.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • Controlled Substances Act
    • Texas Health and Safety Code, Chapter 487
    • Texas Department of Public Safety – Compassionate Use Program
    • Federal Law:
      • Under federal law, cannabis remains classified as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. § 812).
      • The possession, sale, or use of cannabis is illegal under federal law, regardless of age, except for limited medical research or state-authorized medical use in compliance with federal guidelines.
    • Texas State Law:
      • Texas does not have recreational cannabis, so there are no legal cannabis dispensaries or retailers for general public access.
      • Under the Texas Compassionate Use Program (TCUP), licensed dispensaries can dispense low-THC cannabis to qualified patients with a valid prescription.
      • To access these dispensaries, individuals must be 18 years old or older, or a parent/legal guardian must accompany minors who are eligible for medical cannabis.
  • Age permitted to use Cannabis
    • Texas Health and Safety Code, Chapter 487
    • Recreational cannabis use is illegal in Texas, regardless of age.
    • Medical cannabis use is permitted under the Texas Compassionate Use Program for patients of any age who have been diagnosed with qualifying medical conditions and have a valid prescription for low-THC cannabis.
  • Age permitted to sell Cannabis
    • Texas Health and Safety Code, Chapter 487
    • Texas Penal Code, § 481.120
    • The sale of recreational cannabis is illegal in Texas.
    • Only licensed dispensaries under the Texas Compassionate Use Program can sell low-THC cannabis, and employees involved in dispensing cannabis must be at least 21 years old.
    • Selling cannabis outside of the medical program is a criminal offense and carries severe penalties.
  • Age permitted to purchase Cannabis
    • Texas Health and Safety Code, Chapter 487
    • Recreational cannabis cannot be purchased in Texas because it is illegal.
    • Medical cannabis (low-THC cannabis) can only be purchased by individuals who are 18 years old or older with a valid prescription under the Texas Compassionate Use Program.
    • For minors, a parent or legal guardian must make the purchase on their behalf.
  • What is the consumable limit (if any)
    • Texas Health and Safety Code, Chapter 487
    • Recreational cannabis: Illegal, so there is no consumable limit.
    • Medical cannabis: Patients enrolled in the Texas Compassionate Use Program are prescribed low-THC cannabis (defined as containing no more than 1% THC by weight) in specific dosages determined by their physician.
    • The consumable limit is based on the prescription provided by the licensed physician and is not explicitly capped by state law.
  • What is the purchase limit (if any)
    • Texas Health and Safety Code, Chapter 487
    • Recreational cannabis: Illegal, so there is no purchase limit.
    • Medical cannabis: There is no specific statutory purchase limit for low-THC cannabis under the Texas Compassionate Use Program.
    • The amount a patient can purchase is determined by the prescription issued by their physician and dispensed by a licensed dispensary.
  • Can minors obtain medical cannabis with a prescription?
    • Texas Health and Safety Code, Chapter 487
    • Texas Department of Public Safety – Compassionate Use Program
    • Yes. Minors in Texas can obtain low-THC medical cannabis if the following conditions are met:
      • The minor has a qualifying medical condition under the Texas Compassionate Use Program, such as epilepsy, multiple sclerosis, autism, terminal cancer, or another approved condition.
      • A licensed physician prescribes the low-THC cannabis.
      • A parent or legal guardian must consent to the treatment and is typically required to purchase and administer the medical cannabis on behalf of the minor.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Title 18 U.S.C. § 1470
    • Texas Penal Code, § 43.24 (Distribution of Harmful Material to Minors)
    • Federal Law: There is no specific federal law that sets a minimum age to access adult content online. Under Title 18, Section 1470, it is illegal to distribute obscene materials to minors (under 18 years old).
    • Texas State Law: In Texas, individuals must be 18 years old to legally access adult content online. Websites hosting adult content are required to restrict access to individuals under 18.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
  • Are websites required to verify age for accessing adult content?
    • Title 18 U.S.C. § 1470
    • Texas Penal Code, § 43.24
    • Yes, websites hosting adult content are required to verify the age of users to restrict access to minors.
    • Federal Law: Under Title 18, Section 1470, distributing obscene materials to minors is prohibited. While there is no specific federal requirement for age verification, failure to implement safeguards can lead to liability for distributing harmful content to minors.
    • Texas State Law: Texas law requires that websites hosting adult content take reasonable measures to prevent access by individuals under 18. This may include requiring users to verify their age through disclaimers, pop-ups, or third-party verification systems.
  • What penalties exist for providing minors access to adult material online?
    • Title 18 U.S.C. § 1470
    • Texas Penal Code, § 43.24
    • Federal Law: Under Title 18, Section 1470, distributing obscene materials to minors is a federal offense, punishable by:
      • Fines up to $250,000.
      • Imprisonment for up to 10 years.
    • Texas State Law: Under Texas Penal Code, § 43.24, providing harmful material to minors is a state offense, punishable by:
      • A Class A misdemeanor: Up to 1 year in jail and/or a fine of up to $4,000.
      • If the material is considered obscene, the offense may be elevated to a state jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
  • What is the minimum age to work in the adult entertainment industry?
    • Title 18 US Code 2557
    • Texas Business and Commerce Code, Chapter 102
    • Federal Law: Under Title 18, U.S. Code, Section 2257, performers in sexually explicit content must be at least 18 years old, and producers are required to maintain detailed age verification records.
    • Texas State Law: In Texas, individuals must be at least 18 years old to work in any capacity in the adult entertainment industry, including sexually-oriented businesses (strip clubs, adult film production).
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
    • Texas Business and Commerce Code, Chapter 102
    • Yes, federal law imposes strict requirements on employment terms for adult content creators.
    • Federal Law: Under Title 18, U.S. Code, Section 2257, producers of sexually explicit content must:
      • Verify the age of all performers (minimum age: 18 years old).
      • Maintain detailed records, including copies of government-issued identification, to prove compliance with age verification laws.
      • Label all content with information about where the age verification records are maintained.
      • Failure to comply with these requirements can result in significant penalties, including fines and imprisonment.
    • Texas State Law: Texas law aligns with federal law and prohibits the employment of minors in sexually explicit content. Additionally, sexually-oriented businesses are required to comply with local licensing and zoning regulations.

Voting

  • Age permitted to register to vote in the state
    • Texas Election Code, § 13.001
    • National Voter Registration Act of 1993
    • Federal Law:
      • Under the National Voter Registration Act of 1993 (NVRA), states must allow individuals to register to vote if they meet the age requirements for voting.
      • Federal law requires that individuals be at least 18 years old on or before Election Day to vote in federal elections. Individuals may be allowed to register earlier if permitted by state law.
    • Texas State Law:
      • In Texas, individuals may register to vote if they are at least 17 years and 10 months old. They must be 18 years old on or before Election Day to cast a ballot.
      • Registration must be completed at least 30 days before the election.
  • Age permitted to vote in the state
    • Texas Election Code, § 11.002
    • Individuals must be at least 18 years old on or before Election Day to vote in Texas.
    • This applies to all elections, including federal, state, and local elections.
  • What Identification requirements are needed to vote on a regular ballot
    • Texas Election Code, § 63.0101
    • Texas has strict voter ID laws. To vote on a regular ballot, voters must present one of the following forms of acceptable photo identification:
      • Texas Driver License issued by the Texas Department of Public Safety (DPS).
      • Texas Election Identification Certificate (EIC) issued by DPS.
      • Texas Personal Identification Card issued by DPS.
      • Texas Handgun License issued by DPS.
      • U.S. Military Identification Card with a photograph.
      • U.S. Citizenship Certificate with a photograph.
      • U.S. Passport (book or card).
    • The ID must be unexpired or, if expired, it must have expired no more than four years before being presented for voting.
    • Exceptions: Voters aged 65 or older or individuals with a disability may qualify for certain exemptions.
  • What Identification requirements are needed to vote on a Provisional ballot
    • Texas Election Code, § 65.054
    • If a voter does not have an acceptable form of photo ID, they may vote on a provisional ballot. To have their provisional ballot counted, the voter must take additional steps:
      • Complete a “Voter’s Affidavit” at the polling place, stating they are eligible to vote.
      • Provide one of the following forms of supporting documentation to the county voter registrar’s office within six calendar days of the election:
    • A valid photo ID.
    • An exemption affidavit due to a disability, religious objection, or lack of identification due to natural disaster or other emergency.
    • If the voter cannot provide the required documentation within the six-day period, the provisional ballot will not be counted.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • Voting Rights Act of 1965
    • Texas Election Code, § 11.002
    • Texas Election Code,§ 13.001
    • Texas Election Code,§ 63.0101
    • Texas Election Code,§ 65.054
    • Federal Requirements:
      • Citizenship: Only U.S. citizens may vote in federal elections.
      • Age: Voters must be at least 18 years old on or before Election Day.
      • No Felony Disenfranchisement for Federal Elections: Federal law does not explicitly prohibit felons from voting, but state laws may impose restrictions.
    • Texas State Restrictions/Requirements:
      • Residency: Voters must be residents of the county where they are registering to vote.
      • Felony Convictions: In Texas, individuals who have been convicted of a felony cannot vote unless:
        • They have completed their sentence, including parole or probation.
        • Their voting rights have been restored.
      • Photo ID Requirement: Voters must present one of the acceptable forms of photo ID listed above.
      • Registration Deadline: Voters must register at least 30 days before the election.
      • Mental Incapacity: Individuals declared mentally incapacitated by a court are ineligible to vote unless their rights have been restored.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • Terry v. Ohio, 392 US
      • Texas Penal Code, § 38.02 (Failure to Identify)
      • Federal Law:
        • Under Terry v. Ohio, 392 U.S. 1 (1968), police officers may stop and briefly detain a person if they have reasonable suspicion that the person is involved in criminal activity.
        • However, the requirement to show identification depends on state law.
      • Texas State Law:
        • In Texas, a person is required to show identification only if they have been lawfully arrested (not detained).
        • If an officer has reasonable suspicion but no arrest has been made, you are not legally required to show ID.
    • Can you be detained or arrested for refusing to show ID?
      • Texas Penal Code, § 38.02
      • Yes, but only under specific circumstances:
        • If you are lawfully arrested and refuse to provide your name, residence address, or date of birth, you can be charged with Failure to Identify (a Class C misdemeanor, or Class B if providing false information).
        • If you are detained (but not arrested), you are not required to provide ID and cannot be arrested solely for refusing to identify yourself.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • Texas Penal Code, § 38.02
      • Texas is not a “stop-and-identify” state.
      • You are not required to provide identification during a detention ( a Terry stop) unless you are lawfully arrested.
      • If an officer has reasonable suspicion to detain you, you must comply with the detention itself (not walk away), even if you choose not to provide ID.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • Yes, under the Fifth Amendment to the U.S. Constitution, you have the right to remain silent and refuse to answer questions that may incriminate you.
        • If you are not under arrest, you may refuse to provide ID or answer questions.
        • If you are under arrest, you are required to provide your name, residence address, and date of birth.
  • Public Place ID Requirements
    • Texas Transportation Code, § 521.021
    • Are there any public areas where a person must carry ID?
      • In Texas, there are no general laws requiring individuals to carry ID in public places.
      • Exceptions:
        • If you are driving a vehicle, you must carry a valid driver’s license.
        • Minors in certain situations (curfew enforcement) may be required to verify their age or identity.
    • Are there curfew or loitering laws requiring ID verification?
      • Some cities and municipalities in Texas enforce curfew laws for minors (typically under 17 years old).
      • Officers can ask for ID or other proof of age to determine whether a minor is violating curfew.
      • Example: Dallas and Houston have curfew ordinances for minors during late-night hours.
  • Traffic Stops and ID Requirements
    • Texas Transportation Code, § 521.025
    • Are you required to provide an ID when pulled over by law enforcement?
      • Yes. Texas law requires all drivers to carry and present a valid driver’s license during a traffic stop.
      • Failure to do so can result in a citation or arrest.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Refusing to show ID during a traffic stop is a violation of Texas law and can result in:
        • A Class C misdemeanor for failing to present a driver’s license.
        • Arrest if the officer has probable cause to believe you are violating other laws.
  • Passenger ID Requirements in Vehicles
    • Texas Penal Code, § 38.02
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • No, passengers are not required to show ID unless:
        • They are being lawfully arrested.
        • The officer has reasonable suspicion that the passenger is involved in a crime.
    • Can passengers legally refuse to provide ID?
      • Yes, unless they are under arrest or there is reasonable suspicion of criminal activity.
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Minors are not required to carry ID, but law enforcement may request proof of age (verbally or through a guardian) if they are stopped for a suspected curfew violation.
    • What are the penalties for violating curfew laws?
      • Penalties for minors violating curfew laws may include:
        • Fines (typically up to $500).
        • Community service.
        • Parental notification or required attendance in juvenile court.
  • Trespassing and ID Requirements
    • Texas Penal Code, § 38.02
    • Texas Penal Code, § 30.05 (Criminal Trespass)
    • Can police demand ID if someone is suspected of trespassing?
      • Yes, if there is probable cause to believe a person is trespassing, officers may detain the individual and request ID.
      • Failure to provide ID after being lawfully arrested for trespassing can result in additional charges under Failure to Identify laws.
    • What are the consequences of refusing to provide identification in such situations?
      • Refusing to provide ID after being lawfully arrested for trespassing can result in a Class C misdemeanor for Failure to Identify, or a Class B misdemeanor if false information is given.