Texas law regarding proof of identification upon purchase of alcohol has recently changed. Before, a person selling alcohol to a minor had a defense to prosecution only when the minor presented to the seller a valid driver's license or identification card issued by the Texas Department of Public Safety. In order to avail themselves of the defense, many establishments implemented a self-imposed rule that alcohol would be sold only to persons carrying a valid Texas driver's license. After much debate about disenfranchising tourists, out-of-state college students, and military personnel (all of whom carry forms of identification that fail to provide the seller with a defense to prosecution), Governor Rick Perry signed S.B. 693 into law.

S.B. 693 amends this previous proof of identification law to extend the defense to persons selling alcohol to a minor if the minor presents an apparently valid proof of identification (such as a driver's license, identification card, passport, or a military identification card) that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and is issued by any governmental agency, rather than just an I.D. issued by the State of Texas.  

Download Dewey Brackin's article "Avoiding Dram Shop Liability" here. (PDF:330KB)