A law that many people have treated as a minor offense just became significantly more dangerous. Starting September 1, 2025, providing alcohol to a minor in Texas can now lead to state jail felony charges, even if you never intended for anyone to get hurt.
Texas House Bill 420 has dramatically increased the stakes for what was previously a Class A misdemeanor. While the old law carried a penalty of up to a year in county jail, the new statute introduces a powerful legal concept: felony liability for the actions of others. If you provide the alcohol and a minor consumes it, then causes a serious car crash or another incident resulting in death or serious bodily injury, you now face the possibility of years in a state jail facility.
This law represents a major shift, and understanding its specifics is critical for any parent, older sibling, or adult who might find themselves in a situation where minors are present.
A bottle of alcohol and a set of car keys, symbolizing the dangerous new consequences of providing alcohol to a minor.
Under the new law, providing alcohol to a minor that leads to a serious accident can now result in felony charges for the adult.
What Exactly Does the New Law Change?
Previously, providing alcohol to a minor was a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. House Bill 420 adds a new, severe enhancement to this existing law.
The key change is this: If you provide an alcoholic beverage to a minor, and that minor consumes it and subsequently causes serious bodily injury or death to another person, your charge is enhanced from a misdemeanor to a state jail felony.
What Are the New Penalties?
The consequences of a conviction under this new provision are severe and life-altering:
- Charge: State Jail Felony
- Confinement: 180 days to 2 years in a State Jail Facility
- Fine: Up to $10,000
A state jail felony conviction is not something you can simply move on from. It creates a permanent felony record that can block future employment, professional licensing, and housing opportunities. The stigma and collateral consequences will follow you for years.
How Does the “Chain of Liability” Work?
The most daunting aspect of this law is the chain of liability it creates. The prosecution does not need to prove you intended for anyone to be harmed. They only need to prove three things:
- You knowingly provided alcohol to a person under 21 years of age.
- The minor consumed the alcohol you provided.
- The minor then caused an incident that resulted in another person’s serious bodily injury or death.
This means you could be held legally responsible for a tragic car accident that happens miles away, hours after the minor left your home. Your single act of providing the alcohol is the first domino in a chain that can now lead to a felony indictment.
Defenses Against Charges Under HB 420
Facing a charge under this new law does not mean a conviction is inevitable. An experienced criminal defense attorney will explore every possible defense, which may include:
- Lack of Knowledge: You did not know the person was a minor.
- No Causation: The minor’s consumption of your alcohol was not the direct cause of the subsequent injury or death.
- Illegal Search/Seizure: The evidence against you was obtained in violation of your constitutional rights.
- Mistake of Fact: You had a reasonable belief that would negate the mental state required for the crime.
Texas HB 420: FAQs
What if the minor’s parents gave permission?
Parental consent is a defense to the original misdemeanor charge of providing alcohol to a minor. However, it is unclear if this defense would fully protect you from the new felony enhancement if an injury or death occurs. The safest course of action is to avoid providing alcohol to any minor, regardless of parental consent.
What is considered “serious bodily injury”?
Texas law defines serious bodily injury as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
I’ve already been charged under the old law. Does this affect me?
No, the law is effective for offenses committed on or after September 1, 2025. If your alleged offense occurred before that date, the previous misdemeanor penalties would apply.
Plano Criminal Defense Attorney
The implementation of HB 420 means that what might have once been considered a minor mistake can now lead to a felony indictment. The state is signaling a zero-tolerance approach, and the prosecution will aggressively pursue these cases in the wake of a tragedy.
At Starr Law, P.C., we are prepared to defend clients against these new and severe charges. Our firm has vast experience navigating complex criminal statutes and building powerful defenses that challenge the prosecution’s case at every turn. We understand that an arrest is not a conviction, and we will fight to protect your future, your freedom, and your record.
Do not risk a felony conviction by facing these new charges without an aggressive and knowledgeable legal team.
If you or a loved one is facing investigation or charges related to providing alcohol to a minor, contact Starr Law, P.C. immediately for a confidential consultation. Call us at 214-982-1408.
References
- Texas House Bill 420 (88R) – Relating to the offense of making an alcoholic beverage available to a minor.
- Texas Penal Code, Section 106.06
