In Texas, the age of majority (adulthood) is 18. This means that generally in Texas, 17-year-olds are still considered minors. However, there are some exceptions and nuances to be aware of.
Age of Majority in Texas
Texas Family Code Section 101.003 states: “a minor is a person younger than 18 years of age who has never been married and never been declared an adult by a court.” Therefore, the default age of adulthood in Texas is 18.
When a person turns 18, they reach the “age of majority” and are considered an adult under Texas law. At 18, a person has the legal right to enter into contracts, sue and be sued, vote, consent to medical treatment, and make other legal decisions without parental consent.
Exceptions for 17-Year-Olds
While 17 is typically considered a minor in Texas, there are a few exceptions where Texas law treats 17-year-olds as legal adults:
- Married 17-year-olds are treated as adults under Texas law. Once married, minors can make their own legal decisions and are no longer under parental custody or control.
- 17-year-olds who have joined the U.S. armed forces are treated as adults for legal purposes in Texas.
- Texas law allows 17-year-olds to consent to their own medical treatment without parental consent in certain circumstances, like pregnancy, sexually transmitted diseases, drug addiction, and mental health issues.
- 17-year-olds can petition a court to have their “disabilities of minority” removed so they can be treated as legal adults while still 17. This requires a court order.
Apart from these exceptions, 17-year-olds are still minors under Texas state law even though in many ways they may be treated as functional adults.
Legal Implications of Being a Minor
So what does it mean legally to be a minor under 18 in Texas? Here are some of the key legal implications:
- Contracts: 17-year-olds generally do not have the legal capacity to enter into binding contracts under Texas law. Agreements with minors are often voidable.
- Medical decisions: Parents/guardians must consent to most medical treatments for minors under 18. However, as noted above, there are exceptions where 17-year-olds can consent.
- Lawsuits: Minors cannot sue or be sued in their own name – a parent or guardian must initiate lawsuits on their behalf.
- Voting: 17-year-olds are not eligible to vote in Texas (must be 18+ on Election Day).
- Jury duty: Those under 18 cannot serve on Texas juries.
- Charging minors as adults: Texas juvenile law treats defendants under 17 as minors. 17-year-olds can be charged as adults in some cases.
- Alcohol: It is illegal for those under 21 to drink alcohol in Texas.
- Driving: While a Texas learner permit can be obtained at 15, an unrestricted driver license requires you to be at least 18, unless you take a minor driver education course.
So in most areas, 17-year-olds still have diminished legal rights and capacity compared to legal adults in Texas.
Specific Situations
Now let’s look at whether 17 is considered a minor in some specific legal situations in Texas:
Criminal Responsibility
For purposes of criminal prosecution in Texas, those under 17 are treated as minors and handled through the Texas juvenile justice system. Cases against minors 17 and under start out being heard in juvenile court rather than adult criminal court. However, in serious felony cases, prosecutors can request that a juvenile judge certify a 17-year-old defendant as an adult. If certified as an adult, the 17-year-old can be criminally prosecuted and sentenced as an adult under Texas criminal law.
Alcohol Possession/Consumption
It is illegal in Texas for anyone under 21 to possess, purchase, or consume alcohol. There is no exception for 17-year-olds. It is a misdemeanor criminal offense for a minor to drink alcohol and any establishment that knowingly provides alcohol to a minor can face civil and criminal liability under Texas law. However, youth courts may provide alternative community service based dispositions for first-time minor in possession (MIP) offenders.
Tobacco Purchase/Possession
Texas law prohibits the sale, gift, or delivery of tobacco products to anyone under 21 years of age. This includes cigarettes, e-cigarettes, and vaping products. While possession itself is not an offense, a 17-year-old in possession of tobacco could face fines alongside the seller. It is also illegal for retailers to allow minors under 18 to work at a store that primarily sells tobacco products.
Driving Privileges
While Texas allows instruction permits for drivers starting at age 15, an unrestricted driver license generally requires a driver to be 18 or older. However, the Texas Department of Public Safety (DPS) allows 17-year-olds to obtain an unrestricted Class C driver license if they complete both a state-approved driver education course and the required amount of supervised driving time.
Employment
17-year-olds are allowed to work in Texas, but state and federal child labor laws restrict the occupations, working hours, and other employment conditions permitted for job holders under 18. For example, hazardous or late-night work is generally prohibited. There are also mandatory break time requirements for under 18 employees. They require work permits issued by school districts until graduation or withdrawal from high school.
Hotels/Motels
Under Texas law, hotels and motels are prohibited from renting rooms to anyone under 18 unless a parent rents the room. Some hotels also impose under 21 age limits. Providing alcohol or adult entertainment to a minor can result in a loss of the hotel’s operating license along with both civil and criminal penalties.
Body Piercing/Tattoos
The age of consent in Texas for body piercing and tattooing is 18, with some town ordinances setting the limit at age 21. This prohibits body piercing businesses from performing procedures on 17-year-olds without parental consent. Tattoo businesses and parlors are banned from tattooing minors even with parental permission.
Lottery Tickets
17-year-olds are prohibited from purchasing Texas lottery tickets under the state’s lottery law. It is illegal for Texas lottery retailers to knowingly sell lottery tickets to minors under 18. Certain instant win style tickets and drawings may have lower age restrictions posted.
Military Enlistment
17-year-olds can enlist in the U.S. military with parental consent. Each branch of the military allows qualified 17-year-olds to enlist following completion of at least high school or an equivalent credential. However, new recruits cannot be deployed into combat until age 18.
Once a 17-year-old completes their enlistment paperwork and takes the oath of duty, they are treated as legal adults under Texas law. As a uniformed service member, they can make their own legal decisions and enter into binding agreements.
Marriage
While very rare, Texas does allow 17-year-olds to marry in certain circumstances. First, they must have parental consent. They can also receive court permission to marry if they are at least 16 years old, pregnant, and have received counseling. Lastly, emancipated minors can marry with a court order stating they have sufficient capacity and maturity to marry.
Once married, 17-year-olds have all the rights and responsibilities of adulthood when it comes to legal contracts, debts, assets, medical decisions, insurance, taxes, and other matters.
School Attendance
Texas requires all children from ages 6 to 19 to attend school. This includes 17-year-olds. They must either be enrolled in high school or participating in an alternative education program until their high school graduation or their 19th birthday. An early graduation before age 18 does not exempt them from school attendance.
There are some exemptions from attendance for 17-year-olds who have joined the military, become legally emancipated, or completed a GED. There are also special accommodations for pregnant and parenting teens.
Emancipation of Minors
In Texas, minors can become “emancipated” – treated as legal adults – via court order, marriage, or military service as outlined above. For court ordered emancipation, the minor must be 17 or older, be managing their own financial affairs, and persuade the judge they have the maturity to function as adults. Once emancipated, parental custody/control is terminated.
Medical Care
For most healthcare decisions, parents must consent to medical treatment for 17-year-old minors in Texas. However, there are important exceptions that allow 17-year-olds to consent for their own care. These include issues like reproductive health, pregnancy, STDs, drug/alcohol abuse treatment, and mental health services.
Starting at age 16, Texas minors may also seek court orders granting them the right to consent for all medical services if they show the maturity to make those decisions. This allows a 17-year-old minor to obtain routine or emergency medical treatment without parental consent.
Driver’s License Restrictions
17-year-olds with a valid Texas driver license are restricted from driving with more than one passenger under 21 who is not an immediate family member. This “one additional passenger” rule does not apply if the 17-year-old driver is accompanied by a licensed adult driver 21 or older.
They also have night driving restrictions – they cannot drive between midnight and 5 AM unless accompanied by an adult supervisor. The only exception is for emergencies or farm-related work. These graduated license rules remain in place until the driver turns 18.
Jury Duty
To serve on jury duty in Texas, you must be at least 18 years old, a U.S. citizen, and a resident of the county. This precludes 17-year-olds or other minors from serving as trial or grand jurors in the state. Jury summons are only sent to those meeting the minimum age requirement.
Handgun Possession
Under Texas law, the minimum age to possess or purchase a handgun is 21. Therefore, it is illegal for a 17-year-old to have a handgun outside of a few narrow exceptions like defending life or property on their own premises or premises under their control. It is a misdemeanor criminal offense.
Voter Registration
The minimum voting age in Texas is 18. While 17-year-olds may submit a voter registration form in advance, their registration does not become effective until their 18th birthday. They must turn 18 by Election Day to be eligible to legally vote. There are no exceptions for primaries or local elections.
Grand Jury Service
Texas grand jurors must be 18 or older as serving on a jury requires you to vote on indictments. 17-year-olds are ineligible for grand jury duty even if emancipated. There is no exemption process for age like with trial juries. Grand jury service is considered an adult civic responsibility.
Age of Majority Comparison by U.S. State
While Texas sets the general age of majority at 18, laws vary by state across the U.S. Here is a comparison of whether 17-year-olds are still treated as minors in each state:
| State | Age of Majority |
|---|---|
| Alabama | 19 |
| Alaska | 18 |
| Arizona | 18 |
| Arkansas | 18 |
| California | 18 |
| Colorado | 18 |
| Connecticut | 18 |
| Delaware | 18 |
| Florida | 18 |
| Georgia | 18 |
| Hawaii | 18 |
| Idaho | 18 |
| Illinois | 18 |
| Indiana | 18 |
| Iowa | 18 |
| Kansas | 18 |
| Kentucky | 18 |
| Louisiana | 18 |
| Maine | 18 |
| Maryland | 18 |
| Massachusetts | 18 |
| Michigan | 18 |
| Minnesota | 18 |
| Mississippi | 21 |
| Missouri | 18 |
| Montana | 18 |
| Nebraska | 19 |
| Nevada | 18 |
| New Hampshire | 18 |
| New Jersey | 18 |
| New Mexico | 18 |
| New York | 18 |
| North Carolina | 18 |
| North Dakota | 18 |
| Ohio | 18 |
| Oklahoma | 18 |
| Oregon | 18 |
| Pennsylvania | 18 |
| Rhode Island | 18 |
| South Carolina | 18 |
| South Dakota | 18 |
| Tennessee | 18 |
| Texas | 18 |
| Utah | 18 |
| Vermont | 18 |
| Virginia | 18 |
| Washington | 18 |
| West Virginia | 18 |
| Wisconsin | 18 |
| Wyoming | 18 |
This shows that Texas is in line with the vast majority of U.S. states in setting the default age of majority at 18. Only three states (Alabama, Nebraska, and Mississippi) set it higher than 18. Overall, 17-year-olds are still legally minors in most contexts across the country.
Conclusion
In summary, 17-year-olds are generally still considered minors under Texas state law, with adulthood reaching age 18. However, there are some exceptions like marriage, military service, medical consent, and criminal responsibility where Texas treats 17-year-olds as legal adults. Overall though, 17-year-olds have limited legal rights and remain under parental custody absent special circumstances. While approaching adulthood, they are still minors subject to child labor restrictions, education requirements, and other legal limitations.