Opinion No. KP-0397

The Honorable Robert Love

Randall County Criminal District Attorney

2309 Russell Long Boulevard, Suite 120

Canyon, Texas 79015

Re: 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 (RQ-0417-KP)

S U M M A R Y

Subsection 37.122(a) of the Education Code prohibits the possession of an intoxicating beverage for consumption, sale, or distribution while on the grounds or in a building of a public school. Whether a building in a stadium owned by a school district is a "building of a public school" subject to the prohibition depends on the particular facts and therefore cannot be determined as a matter of law in an Attorney General opinion.

For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.

TRD-202200271

Austin Kinghorn

General Counsel

Office of the Attorney General

Filed: January 25, 2022