1. (a) Except as provided in subsection (c) of this section, a licensee or permittee may not sell, serve, or deliver a consumable hemp product to a person unless the person presents an apparently valid,unexpired proof of identification issued by a governmental agency that contains a physical description and photograph consistent with the person's appearance and that purports to establish that the person is 21 years of age or older.
2. (b) Except as provided by subsection (c) of this section, before completing the sale, service, or delivery of a consumable hemp product to an ultimate consumer, a licensee or permittee shall verify that the purchaser or recipient is 21 years of age or older by carefully inspecting the provided proof of identification.
3. (c) It is a defense to an enforcement action under subsection (d) of this section that the ultimate consumer is 40 years of age or older.

4. (d) Notwithstanding Chapter 34 of this title, if a licensee or permittee fails to abide by the requirements of this section, the licensee or permittee violates Alcoholic Beverage Code §§11.61(b)(7) or 61.71(a)(16), as applicable, and the commission shall:

   1. (1) suspend the license or permit for no less than seven days for a first violation;
   2. (2) suspend the license or permit for no less than 14 days for a second violation;
   3. (3) suspend the license or permit for no less than 30 days for a third violation; and
   4. (4) cancel the license or permit for any subsequent violation.
5. (e) The licensee or permittee does not have the option to pay a civil penalty in lieu of suspension or cancellation under subsection (d) of this section.

6. (f) If a license or permit was cancelled under subsection (d) of this section, the following persons are not eligible to apply for, and may not be issued, any TABC-issued original license or permit for a period of one year after cancellation:

   1. (1) the license or permit holder;
   2. (2) a person who held an interest in the license or permit;
   3. (3) if the cancelled license or permit holder is a corporation or other legal entity, a person who held a 50 percent or more ownership interest, directly or indirectly, in the corporation or entity;
   4. (4) a corporation or other legal entity, if a person holding a 50 percent or more ownership interest, directly or indirectly, in the corporation or entity is disqualified from obtaining a license or permit under this subsection; and
   5. (5) a person who resides with a person who is disqualified from obtaining a license or permit under this subsection.

Source Note:The provisions of this §35.6 adopted to be effective January 21, 2026, 51 TexReg 705.