Sec.106.04. CONSUMPTION OF ALCOHOL BY A MINOR
(a) A minor commits an offense if he consumes an alcoholic beverage.
(b) It is an affirmative defense to prosecution under this section that
the alcoholic beverage was consumed in the visible presence of the
minor's adult parent, guardian, or spouse.
(c) An offense under this section is punishable as provided by Section 106.071.
(d) A minor who commits an offense under this section and who has been
previously convicted twice or more of offenses under this section is
not eligible for deferred disposition. For the purposes of this
(1) an adjudication under Title 3, Family Code, that the minor
engaged in conduct described by this section is considered a conviction
of an offense under this section; and
(2) an order of deferred disposition for an offense alleged under
this section is considered a conviction of an offense under this