§ 13-103. Presumption and defenses.

(a)

In the prosecution of an offense under this article, it shall be presumed that a person knew or reasonably should have known that a social gathering would take place and that alcoholic beverages or controlled substances would be possessed, used or consumed by minors if that person owned, possessed or was in control of the residence or premises and more than three social gatherings have taken place at that residence or premises, during each of which minors were present and possessed, used or consumed an alcohol beverage or a controlled substance.

(b)

It is a defense to prosecution of an offense under this article if the possession, use or consumption of alcoholic beverages by a minor was in the visible presence of the minor's adult parent, guardian or spouse, or other adult to whom the minor has been committed by a court, or while in the course and scope of the minor's employment by a licensee or permittee of the Texas Alcoholic Beverage Commission.

(c)

It is a defense to prosecution of an offense under this article if the person did not know and, through the exercise of reasonable diligence, could not have known that a social gathering would occur.

(Ord. No. 06-1692, § 1, 11-6-2006)