Education Code §38.007

In force on Sep 01, 2023 · this text took effect Sep 01, 2023 · same as today's text

ALCOHOL-FREE SCHOOL ZONES

(a) The board of trustees of a school district shall prohibit the use of alcoholic beverages at a school-related or school-sanctioned activity on or off school property. (a-1) This section does not apply to a performing arts facility leased to a nonprofit organization for an event as provided by Section 11.179 . (b) The board of trustees of a school district shall attempt to provide a safe alcohol-free environment to students coming to or going from school. The board of trustees may cooperate with local law enforcement officials and the Texas Alcoholic Beverage Commission in attempting to provide this environment and in enforcing Sections 101.75 , 109.33 , and 109.59 , Alcoholic Beverage Code. Additionally, the board, if a majority of the area of a district is located in a municipality with a population of 1.3 million or more, may petition the commissioners court of the county in which the district is located or the governing board of an incorporated city or town in which the district is located to adopt a 1,000-foot zone under Section 109.33 , Alcoholic Beverage Code.

History: Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by: Acts 2019, 86th Leg., R.S., Ch. 834 (H.B. 2633 ), Sec. 4, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559 ), Sec. 20, eff. September 1, 2023.

Source: the Legislature's file server, seen Nov 08, 2026.

Every version on file

Effective Sep 01, 2023 · seen Nov 2026–Nov 2026

Attorney General opinions that cite it

KP-0397 (Jul 19, 2021): Whether section 37.122 of the Education Code prohibits the sale of alcoholic beverages at a school banquet facility located in a football stadium, both owned by an independent school district
GA-0962 (Apr 26, 2012): Whether section 38.007 of the Texas Education Code, section 109.33 ofthe Texas Alcoholic Beverage Code, and the home-rule provision of the Texas Constitution authorize a home-rule municipality with a population of less than 900,000 to enact an ordinance prohibiting the sale of alcoholic beverages within 1,000 feet ofa public school
GA-0942 (Dec 14, 2011): Authority of a Type A general-law municipality with a population of less than 900,000 to enact an ordinance setting either a 300-foot "Alcohol-Free School Zone" or a 1,000-foot zone around a school in which the sale of alcoholic beverages for off-premises consumption would be prohibited

A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.