reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.03. Hours of Sale: Mixed Beverages

Sec. 105.03.  HOURS OF SALE:  MIXED BEVERAGES.  (a)  No person may sell or offer for sale mixed beverages at any time not permitted by this section.
(b)  A mixed beverage permittee may sell and offer for sale mixed beverages between 7 a.m. and midnight on any day except Sunday.  On Sunday he may sell mixed beverages between midnight and 1:00 a.m. and between 10 a.m. and midnight, except that an alcoholic beverage served to a customer between 10 a.m. and 12 noon on Sunday must be provided during the service of food to the customer.
(c)  In a city or county having a population of 800,000 or more, according to the last preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on March 12, 2001, a holder of a mixed beverage permit who holds a retailer late hours certificate may also sell and offer for sale mixed beverages between midnight and 2 a.m. on any day.
(d)  In a city or county other than a city or county described by Subsection (c), the extended hours prescribed in Subsection (c) are effective for the sale of mixed beverages and the offer to sell them by a holder of a mixed beverage permit who holds a retailer late hours certificate:
(1)  in the unincorporated areas of the county if the extended hours are adopted by an order of the commissioners court; and
(2)  in an incorporated city or town if the extended hours are adopted by an ordinance of the governing body of the city or town.
(e)  A violation of a city ordinance or order of a commissioners court adopted pursuant to Subsection (d) of this section is a violation of this code.
Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 923, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 934, Sec. 70, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 685, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 521 (H.B. 833), Sec. 1, eff. June 17, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 324, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.04. Hours of Sale: Wine and Malt Beverage Retailer

Sec. 105.04.  HOURS OF SALE: WINE AND MALT BEVERAGE RETAILER.  The hours of sale and delivery for alcoholic beverages sold under a wine and malt beverage retailer's permit or a wine and malt beverage retailer's off-premise permit are the same as those prescribed for the sale of malt beverages under Section 105.05.
Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 71, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1028 (H.B. 1518), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.05. Hours of Sale: Malt Beverages

Sec. 105.05.  HOURS OF SALE: MALT BEVERAGES.  (a) A person may sell, offer for sale, or deliver malt beverages only at a time permitted by this section.
(b)  A person may sell, offer for sale, or deliver malt beverages between 7 a.m. and midnight on any day except Sunday.  On Sunday a person may sell malt beverages between midnight and 1:00 a.m. and between noon and midnight, except that:
(1)  permittees or licensees authorized to sell for on-premise consumption may sell malt beverages between 10:00 a.m. and noon if the malt beverages are served to a customer during the service of food to the customer; and
(2)  holders of a retail dealer's on-premise license or a retail dealer's off-premise license may also sell malt beverages for off-premise consumption between 10:00 a.m. and noon.
(c)  In a city or county having a population of 800,000 or more, according to the last preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on March 12, 2001, a holder of a retail dealer's on-premise license who holds a retailer late hours certificate may also sell, offer for sale, and deliver malt beverages between midnight and 2 a.m. on any day.
(d)  In a city or county other than a city or county described by Subsection (c), the extended hours prescribed in Subsection (c) or any part of the extended hours prescribed in Subsection (c) are effective for the sale, offer to sell, and delivery of malt beverages by a holder of a retail dealer's on-premise license who holds a retailer late hours certificate:
(1)  in the unincorporated areas of the county if the extended hours are adopted by an order of the commissioners court; and
(2)  in an incorporated city or town if the extended hours are adopted by an ordinance of the governing body of the city or town.
(e)  A violation of a city ordinance or order of a commissioners court adopted pursuant to Subsection (d) is a violation of this code.
Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1970, ch. 777, Sec. 13, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 923, Sec. 1, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 934, Sec. 72, 73, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 685, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 521 (H.B. 833), Sec. 2, eff. June 17, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 326, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1028 (H.B. 1518), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.051. Sale of Malt Beverages by Distributor's Licensee

Sec. 105.051.  SALE OF MALT BEVERAGES BY DISTRIBUTOR'S LICENSEE.  The holder of a general or branch distributor's license may sell, offer for sale, or deliver malt beverages 24 hours a day Monday through Saturday and between midnight and 1 a.m. and between noon and midnight on Sunday.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 74, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 7 (H.B. 2594), Sec. 2, eff. May 5, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 327, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.06. Hours of Consumption

Sec. 105.06.  HOURS OF CONSUMPTION.  (a)  In this section:
(1)  "Extended hours area" means an area subject to the extended hours of sale provided in Section 105.03 or 105.05 of this code.
(2)  "Standard hours area" means an area which is not an extended hours area.
(a-1)  For the purposes of this section, a licensed or permitted premises is a public place.
(b)  Except as provided by Subsection (f), in a standard hours area, a person commits an offense if the person consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 1:15 a.m. and 12 noon or on any other day between 12:15 a.m. and 7 a.m.
(c)  Except as provided by Subsection (f), in an extended hours area, a person commits an offense if the person consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 2:15 a.m. and 12 noon and on any other day between 2:15 a.m. and 7 a.m.
(d)  Proof that an alcoholic beverage was possessed with intent to consume in violation of this section requires evidence that the person consumed an alcoholic beverage on that day in violation of this section.
(e)  An offense under this section is a Class C misdemeanor.
(f)  A person who is a registered guest of a hotel may consume or possess alcoholic beverages in the hotel bar, as defined by Section 105.091, at any time.
Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 923, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 628 (H.B. 2451), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 23, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 1028 (H.B. 1518), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.07. Hours of Sale and Consumption: Sports Venue

Sec. 105.07.  HOURS OF SALE AND CONSUMPTION:  SPORTS VENUE.  (a)  In this section, "sports venue" means a public entertainment facility property, as defined by Section 108.73, that is primarily designed and used for live sporting events.
(b)  Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code:
(1)  a licensed or permitted premises located in a sports venue may sell alcoholic beverages between 10 a.m. and noon;  and
(2)  a person may consume alcoholic beverages at a sports venue between 10 a.m. and noon.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 2, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 21.01, eff. Jan. 11, 2004.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.08. Hours of Sale and Consumption: Winery

Sec. 105.08.  HOURS OF SALE AND CONSUMPTION:  WINERY.  The holder of a winery permit may sell, offer for sale, and deliver wine, and a person may consume wine on the premises of a winery:
(1)  between 8 a.m. and midnight on any day except Sunday;
(2)  between 10 a.m. and midnight on Sunday; and
(3)  between midnight and 2 a.m. on New Year's Day.
Added by Acts 2005, 79th Leg., Ch. 84 (S.B. 571), Sec. 2, eff. May 17, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 394 (S.B. 131), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.081. Hours of Sale and Consumption: Distillery

Sec. 105.081.  HOURS OF SALE AND CONSUMPTION:  DISTILLERY.  (a)  The holder of a distiller's and rectifier's permit may sell and offer for sale distilled spirits for on-premises consumption and a person may consume distilled spirits on the permitted premises during the same hours mixed beverages may be sold and offered for sale by a mixed beverage permit holder under Section 105.03(b).
(b)  The holder of a distiller's and rectifier's permit may sell and offer for sale distilled spirits to ultimate consumers for off-premises consumption during the same hours as the holder of a package store permit may sell and offer for sale distilled spirits to ultimate consumers for off-premises consumption.
Added by Acts 2013, 83rd Leg., R.S., Ch. 106 (S.B. 905), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.082. Hours of Sale and Consumption: Brewer

Sec. 105.082.  HOURS OF SALE AND CONSUMPTION: BREWER.  The holder of a brewer's license may sell, offer for sale, and deliver malt beverages and a person may consume malt beverages on the brewer's premises:
(1)  between 8 a.m. and midnight on any day except Sunday; and
(2)  between 10 a.m. and midnight on Sunday.
Added by Acts 2013, 83rd Leg., R.S., Ch. 535 (S.B. 518), Sec. 4, eff. June 14, 2013.
Redesignated from Alcoholic Beverage Code, Section 105.081 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(3), eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 328, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.09. Hours of Sale and Consumption: Certain Events

Sec. 105.09.  HOURS OF SALE AND CONSUMPTION:  CERTAIN EVENTS.  Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code:
(1)  a licensed or permitted premises located at a festival, fair, or concert may sell alcoholic beverages between 10 a.m. and noon;  and
(2)  a person may consume alcoholic beverages at a festival, fair, or concert between 10 a.m. and noon.
Added by Acts 2005, 79th Leg., Ch. 239 (H.B. 168), Sec. 1, eff. September 1, 2005.
Renumbered from Alcoholic Beverage Code, Section 105.08 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(5), eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.091. Hours of Sale; Hotel Bar

Sec. 105.091.  HOURS OF SALE; HOTEL BAR.  (a)  In this section, "hotel bar" means an establishment that is located in a hotel and holds a permit or license providing for the on-premises consumption of alcoholic beverages.
(b)  Notwithstanding any other law, a hotel bar may sell or offer for sale alcoholic beverages at any time to a registered guest of the hotel.
Added by Acts 2021, 87th Leg., R.S., Ch. 1028 (H.B. 1518), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 105 - Hours of Sale and Consumption › Section 105.10. Penalty

Sec. 105.10.  PENALTY.  (a)  A person commits an offense if the person, in violation of this chapter or Section 32.17(a)(7):
(1)  sells or offers for sale an alcoholic beverage during prohibited hours; or
(2)  consumes or permits the consumption of an alcoholic beverage on the person's licensed or permitted premises during prohibited hours.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 24, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.01. Definition

Sec. 106.01.  DEFINITION.  In this code, "minor" means a person under 21 years of age.
Acts 1977, 65th Leg., p. 513, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 257, ch. 107, Sec. 8, eff. Sept. 1, 1981;  Acts 1985, 69th Leg., ch. 285, Sec. 8, eff. Sept. 1, 1986;  Acts 1985, 69th Leg., ch. 462, Sec. 9, eff. Sept. 1, 1986.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.02. Purchase of Alcohol by a Minor

Sec. 106.02.  PURCHASE OF ALCOHOL BY A MINOR.  (a)  A minor commits an offense if the minor purchases an alcoholic beverage.  A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.
(b)  An offense under this section is punishable as provided by Section 106.071.
Acts 1977, 65th Leg., p. 513, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 163, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 934, Sec. 75, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1013, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1139, Sec. 1, eff. June 19, 1997.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.025. Attempt to Purchase Alcohol by a Minor

Sec. 106.025.  ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.  (a)  A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
(b)  An offense under this section is punishable as provided by Section 106.071.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 76, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.03. Sale to Minors

Sec. 106.03.  SALE TO MINORS.  (a)  A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor.
(b)  A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency.  The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card.
(c)  An offense under this section is a Class A misdemeanor.
(d)  Subsection (b) does not apply to a person who accesses electronically readable information under Section 109.61 that identifies a driver's license or identification certificate as invalid.
Acts 1977, 65th Leg., p. 513, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 257, ch. 107, Sec. 9, eff. Sept. 1, 1981;  Acts 1983, 68th Leg., p. 2649, ch. 456, Sec. 4, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 285, Sec. 9, eff. Sept. 1, 1986;  Acts 1985, 69th Leg., ch. 462, Sec. 10, eff. Sept. 1, 1986;  Acts 1987, 70th Leg., ch. 582, Sec. 1, eff. Jan. 1, 1988;  Acts 1997, 75th Leg., ch. 1013, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 391 (S.B. 1465), Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 488 (S.B. 693), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.07. Misrepresentation of Age by a Minor

Sec. 106.07.  MISREPRESENTATION OF AGE BY A MINOR.  (a)  A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages.
(b)  An offense under this section is punishable as provided by Section 106.071.
Acts 1977, 65th Leg., p. 514, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 257, ch. 107, Sec. 10, eff. Sept. 1, 1981;  Acts 1985, 69th Leg., ch. 285, Sec. 10, eff. Sept. 1, 1986;  Acts 1985, 69th Leg., ch. 462, Sec. 11, eff. Sept. 1, 1986;  Acts 1997, 75th Leg., ch. 1013, Sec. 8, eff. Sept. 1, 1997.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.08. Importation by a Minor

Sec. 106.08.  IMPORTATION BY A MINOR.  No minor may import into this state or possess with intent to import into this state any alcoholic beverage.
Acts 1977, 65th Leg., p. 515, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.09. Employment of Minors

Sec. 106.09.  EMPLOYMENT OF MINORS.  (a)  Except as provided by Subsections (b), (c), (e), and (f), no person may employ a person under 18 years of age to sell, prepare, serve, or otherwise handle liquor, or to assist in doing so.
(b)  A holder of a wine only package store permit may employ a person 16 years old or older to work in any capacity.
(c)  A holder of a permit or license providing for the on-premises consumption of alcoholic beverages may employ a person under 18 years of age to work in any capacity other than the actual selling, preparing, or serving of alcoholic beverages.
(d)  A person who is 18, 19, or 20 years of age is not prohibited from acting as an agent under Chapter 35, 36, or 73, provided the person may carry out the activities authorized by those chapters only while in the actual course and scope of the person's employment.
(e)  The holder of a permit or license providing for the on-premises consumption of alcoholic beverages who also holds a food and beverage certificate may employ a person under 18 years of age to work as a cashier for transactions involving the sale of alcoholic beverages if the alcoholic beverages are served by a person 18 years of age or older.
(f)  The holder of a permit or license providing for the on-premises consumption of alcoholic beverages that derives less than 50 percent of its gross receipts for the premises from the sale or service of alcoholic beverages may employ a person under 18 years of age to work as a cashier for transactions involving the sale of alcoholic beverages if the alcoholic beverages are served by a person 18 years of age or older.
Acts 1977, 65th Leg., p. 515, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 258, ch. 107, Sec. 11, 12, eff. Sept. 1, 1981;  Acts 1987, 70th Leg., ch. 754, Sec. 1, eff. Aug. 31, 1987;  Acts 2003, 78th Leg., ch. 499, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 18, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 46 (S.B. 1651), Sec. 1, eff. May 19, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 329, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.10. Plea of Guilty by Minor

Sec. 106.10.  PLEA OF GUILTY BY MINOR.  No minor may plead guilty to an offense under this chapter except in open court before a judge.
Acts 1977, 65th Leg., p. 515, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.116. Reports of Court to Commission

Sec. 106.116.  REPORTS OF COURT TO COMMISSION.  Unless the clerk is otherwise required to include the information in a report submitted under Section 101.09, the clerk of a court, including a justice court, municipal court, or juvenile court, shall furnish to the commission on request a notice of a conviction of an offense under this chapter or an adjudication under Title 3, Family Code, for conduct that constitutes an offense under this chapter.  The report must be in the form prescribed by the commission.
Added by Acts 1997, 75th Leg., ch. 1013, Sec. 11, eff. Sept. 1, 1997.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.117. Report of Court to Department of Public Safety

Sec. 106.117.  REPORT OF COURT TO DEPARTMENT OF PUBLIC SAFETY.  (a)  Each court, including a justice court, municipal court, or juvenile court, shall furnish to the Department of Public Safety a notice of each:
(1)  adjudication under Title 3, Family Code, for conduct that constitutes an offense under this chapter;
(2)  conviction of an offense under this chapter;
(3)  order of deferred disposition for an offense alleged under this chapter;  and
(4)  acquittal of an offense under Section 106.041.
(b)  The notice must be in a form prescribed by the Department of Public Safety and must contain the driver's license number of the defendant, if the defendant holds a driver's license.
(c)  The Department of Public Safety shall maintain appropriate records of information in the notices and shall provide the information to law enforcement agencies and courts as necessary to enable those agencies and courts to carry out their official duties.  The information is admissible in any action in which it is relevant.  A person who holds a driver's license having the same number that is contained in a record maintained under this section is presumed to be the person to whom the record relates.  The presumption may be rebutted only by evidence presented under oath.
(d)  The information maintained under this section is confidential and may not be disclosed except as provided by this section.  A provision of Chapter 58, Family Code, or other law limiting collection or reporting of information on a juvenile or other minor or requiring destruction of that information does not apply to information reported and maintained under this section.
Added by Acts 1997, 75th Leg., ch. 1013, Sec. 11, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1207, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.13. Sanctions Against Retailer

Sec. 106.13.  SANCTIONS AGAINST RETAILER.  (a)  Except as provided in Subsections (b) and (c) of this section, the commission or administrator may cancel or suspend for not more than 90 days a retail license or permit or a private club registration permit if it is found, on notice and hearing, that the licensee or permittee with criminal negligence sold, served, dispensed, or delivered an alcoholic beverage to a minor or with criminal negligence permitted a minor to violate Section 106.04 or 106.05 of this code on the licensed premises.
(b)  For a second offense the commission or administrator may cancel the license or permit or suspend it for not more than six months.  For a third offense within a period of 36 consecutive months the commission or administrator may cancel the permit or suspend it for not more than 12 months.
(c)  The commission or administrator may relax the provisions of this section concerning suspension and cancellation and assess a sanction the commission or administrator finds just under the circumstances if, at a hearing, the licensee or permittee establishes to the satisfaction of the commission or administrator:
(1)  that the violation could not reasonably have been prevented by the permittee or licensee by the exercise of due diligence;
(2)  that the permittee or licensee was entrapped;  or
(3)  that an agent, servant, or employee of the permittee or licensee violated this code without the knowledge of the permittee or licensee.
Acts 1977, 65th Leg., p. 516, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 437, Sec. 5, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 934, Sec. 81, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 798, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1097, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.15. Prohibited Activities by Persons Younger Than 18

Sec. 106.15.  PROHIBITED ACTIVITIES BY PERSONS YOUNGER THAN 18.  (a)  A permittee or licensee commits an offense if he employs, authorizes, permits, or induces a person younger than 18 years of age to dance with another person in exchange for a benefit, as defined by Section 1.07, Penal Code, on the premises covered by the permit or license.
(b)  An offense under Subsection (a) is a Class A misdemeanor.
(c)  In addition to a penalty imposed under Subsection (b), the commission or administrator shall:
(1)  suspend for a period of five days the license or permit of a person convicted of a first offense under Subsection (a);
(2)  suspend for a period of 60 days the license or permit of a person convicted of a second offense under Subsection (a);  and
(3)  cancel the license or permit of a person convicted of a third offense under Subsection (a).
(d)  This section does not apply to a gift or benefit given for a dance at a wedding, anniversary, or similar event.
(e)  A person does not commit an offense under Subsection (a) if the person younger than 18 years of age falsely represents the person's age to be at least 18 years of age by displaying an apparently valid Texas driver's license or an identification card issued by the Department of Public Safety containing a physical description consistent with the person's appearance.
Added by Acts 1999, 76th Leg., ch. 80, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.16. Exception for Certain Course Work

Sec. 106.16.  EXCEPTION FOR CERTAIN COURSE WORK.  (a)  In this section:
(1)  "Career school or college" has the meaning assigned by Section 132.001, Education Code.
(2)  "Taste" means to draw a beverage into the mouth without swallowing or otherwise consuming the beverage.
(b)  Notwithstanding any other law, a minor may taste an alcoholic beverage if:
(1)  the minor:
(A)  is at least 18 years old; and
(B)  is enrolled:
(i)  as a student at a public or private institution of higher education or a career school or college that offers a program in culinary arts, viticulture, enology or wine technology, brewing or malt beverage technology, or distilled spirits production or technology; and
(ii)  in a course that is part of a program described by Subparagraph (i);
(2)  the beverage is tasted for educational purposes as part of the curriculum for the course described by Subdivision (1)(B)(ii);
(3)  the beverage is not purchased by the minor; and
(4)  the service and tasting of the beverage is supervised by a faculty or staff member who is at least 21 years of age.
(c)  A public or private institution of higher education or a career school or college is not required to hold a license or permit to engage in the activities authorized under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 514 (H.B. 909), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 330, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 106 - Provisions Relating to Age › Section 106.17. Presence or Employment of Certain Persons at Permitted or Licensed Premises Operating as Sexually Oriented Business

Sec. 106.17.  PRESENCE OR EMPLOYMENT OF CERTAIN PERSONS AT PERMITTED OR LICENSED PREMISES OPERATING AS SEXUALLY ORIENTED BUSINESS.  (a)  An individual younger than 18 years of age may not be on premises covered by a permit or license issued under this code if a sexually oriented business, as defined by Section 243.002, Local Government Code, operates on the premises.
(b)  The holder of a permit or license covering a premises described by Subsection (a) may not:
(1)  knowingly or recklessly allow an individual younger than 18 years of age to be on the premises; or
(2)  enter into a contract, other than a contract described by Section 51.016(g), Labor Code, with an individual younger than 21 years of age for the performance of work or the provision of a service on the premises.
(c)  Notwithstanding any other provision of this code, if it is found, after notice and hearing, that a permittee or licensee has violated Subsection (b) the commission or administrator shall:
(1)  suspend the permit or license for 30 days for the first violation;
(2)  suspend the permit or license for 60 days for the second violation; and
(3)  cancel the permit or license for the third violation.
Added by Acts 2021, 87th Leg., R.S., Ch. 942 (S.B. 766), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.01. Transportation of Liquor: Statement Required

Sec. 107.01.  TRANSPORTATION OF LIQUOR:  STATEMENT REQUIRED.  (a)  No person may transport liquor into this state or on a public highway, street, or alley in this state unless the person accompanying or in charge of the shipment has with him, available for exhibition and inspection, a written statement furnished and signed by the shipper showing the name and address of the consignor and the consignee, the origin and destination of the shipment, and any other information required by rule or regulation of the commission.
(b)  The person in charge of the shipment while it is being transported shall exhibit the statement to the commission, an authorized representative of the commission, or a peace officer on demand, and it is a violation of this code to fail or refuse to do so.  The representative or officer shall accept the written statement as prima facie evidence of the legal right to transport the liquor.
Acts 1977, 65th Leg., p. 516, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.02. Transportation of Malt Beverages: Statement Required

Sec. 107.02.  TRANSPORTATION OF MALT BEVERAGES: STATEMENT REQUIRED.  (a)  It is lawful for a person to transport malt beverages from any place where its sale, manufacture, or distribution is authorized to another place in the state where its sale, manufacture, or distribution is authorized, or from the state boundary to a place where its sale, manufacture, or distribution is authorized, even though the route of transportation may cross a dry area.
(a-1)  A person transporting malt beverages to the premises of a distributor, including to a location from which the distributor is temporarily conducting business under Section 109.62, shall provide to the consignee a shipping invoice that clearly states:
(1)  the name and address of the consignor and consignee;
(2)  the origin and destination of the shipment; and
(3)  any other information required by this code or commission rule, including the brands, sizes of containers, and quantities of malt beverages contained in the shipment.
(b)  A shipment of malt beverages must be accompanied by a written statement furnished and signed by the shipper showing:
(1)  the name and address of the consignor and consignee;
(2)  the origin and destination of the shipment; and
(3)  any other information required by the commission or administrator.
(c)  The person in charge of the shipment while it is being transported shall exhibit the written statement to any representative of the commission or peace officer who demands to see it.  The statement shall be accepted by the representative or peace officer as prima facie evidence of the legal right to transport the malt beverages.
(d)  A person who transports malt beverages not accompanied by the required statement, or who fails to exhibit the statement after a lawful demand, violates this code.
Acts 1977, 65th Leg., p. 517, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 517 (H.B. 2035), Sec. 2, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 331, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.03. Delivery of Liquor in Dry Area

Sec. 107.03.  DELIVERY OF LIQUOR IN DRY AREA.  No carrier may transport and deliver liquor to a person in a dry area in this state except for a purpose authorized by this code.
Acts 1977, 65th Leg., p. 517, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.04. Delivery of Malt Beverages in Dry Area

Sec. 107.04.  DELIVERY OF MALT BEVERAGES IN DRY AREA.  A common carrier may not deliver malt beverages in a dry area unless the malt beverages are consigned to a general distributor's licensee who has previously stated that the licensee intends to transport the malt beverages to a licensed place of business in a wet area.  A common carrier who transports malt beverages to a distributor in a dry area shall comply strictly with this section and Section 107.02.
Acts 1977, 65th Leg., p. 517, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 332, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.05. Importation of Liquor

Sec. 107.05.  IMPORTATION OF LIQUOR.  (a)  No person may import liquor into the state and deliver it to a person not authorized to import it.
(b)  This section does not apply to the transportation of liquor into the state as authorized by Section 107.07 of this code.
Acts 1977, 65th Leg., p. 517, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.06. Importation of Malt Beverages

Sec. 107.06.  IMPORTATION OF MALT BEVERAGES.  (a)  A person may not import malt beverages into the state except the holder of a brewer's or general or branch distributor's license.
(b)  A person may not transport malt beverages into this state unless the malt beverages are consigned and delivered to one of the licensees named in Subsection (a).
(c)  This section does not apply to the importation or transportation of military malt beverages consigned to a military installation or to the importation of malt beverages as authorized under Section 107.07.
Acts 1977, 65th Leg., p. 517, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 333, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.07. Importation for Personal Use; Importation by Railroad Companies

Sec. 107.07.  IMPORTATION FOR PERSONAL USE;  IMPORTATION BY RAILROAD COMPANIES.  (a)  A person may import not more than 24 12-ounce bottles or an equivalent quantity of malt beverages, 3 gallons of wine, and 1 gallon of distilled spirits for the person's own personal use without being required to hold a permit.   A person importing alcoholic beverages into the state under this subsection must pay the state tax on alcoholic beverages and an administrative fee of $3 and must affix the required tax stamps.  No minor and no intoxicated person may import any alcoholic beverages into the state.  A person importing alcoholic beverages under this subsection must personally accompany the alcoholic beverages as the alcoholic beverages enter the state.  A person may not use the exemptions set forth in this subsection more than once every thirty days.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 157, Sec. 3, eff. September 1, 2011.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 157, Sec. 3, eff. September 1, 2011.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 410(a)(17), eff. September 1, 2021.
(e)  The administrative fees collected under this section shall be used by the commission for the administrative costs of enforcing the requirements of Subsection (a).
(f)  Except as provided by Chapter 54, any person in the business of selling alcoholic beverages in another state or country who ships or causes to be shipped any alcoholic beverage directly to any Texas resident under this section is in violation of this code.
(g)  In computing the total amount of taxes and administrative fees to be collected on alcoholic beverages imported by a person into the state for personal use, the commission may round the amount up to the nearest quarter of a dollar.
Acts 1977, 65th Leg., p. 518, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 258, ch. 107, Sec. 14, eff. Sept. 1, 1981;  Acts 1981, 67th Leg., p. 2212, ch. 515, Sec. 2, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 285, Sec. 12, eff. Sept. 1, 1986;  Acts 1985, 69th Leg., ch. 462, Sec. 13, eff. Sept. 1, 1986;  Acts 1986, 69th Leg., 3rd C.S., ch. 9, Sec. 1, eff. Sept. 30, 1986;  Acts 1987, 70th Leg., ch. 495, Sec. 2, eff. Aug. 31, 1987;  Acts 1995, 74th Leg., ch. 135, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 3, eff. May 9, 2005.
Acts 2005, 79th Leg., Ch. 792 (S.B. 269), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 157 (H.B. 1936), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 157 (H.B. 1936), Sec. 3, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 410(a)(17), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.08. Transportation of Beverages for Personal Consumption

Sec. 107.08.  TRANSPORTATION OF BEVERAGES FOR PERSONAL CONSUMPTION.  A person who purchases an alcoholic beverage for the person's own consumption may personally transport it from a place where its sale is legal to a place where its possession is legal without holding a license or permit.
Acts 1977, 65th Leg., p. 518, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 849 (H.B. 2791), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.09. Single Invoice Authorized

Sec. 107.09.  SINGLE INVOICE AUTHORIZED.  If the holder of a general or branch distributor's license also holds a wholesaler's or general class B wholesaler's permit, a written statement or invoice required as evidence of the sale of malt beverages or liquor may be on the same business form that is designed to reflect the sale of both liquor and malt beverages, if all information required by this code to be shown on a statement or invoice is reflected on the form and all other records required by this code are maintained.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 83, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 334, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.10. Transportation of Wine Coolers or Spirit Coolers

Sec. 107.10.  TRANSPORTATION OF WINE COOLERS OR SPIRIT COOLERS.  (a)  A holder of a wholesaler's or general class B wholesaler's permit may transport and sell wine coolers without a prior order if the holder complies with the provisions of this code and rules of the commission applicable to the transportation and sale of malt beverages by a holder of a distributor's license.
(b)  A holder of a wholesaler's permit may transport and sell spirit coolers without a prior order if the holder complies with the provisions of this code and rules of the commission applicable to the transportation and sale of malt beverages by a holder of a distributor's license.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 83, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 335, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 107 - Transportation and Importation › Section 107.11. Importation of Personal Collection

Sec. 107.11.  IMPORTATION OF PERSONAL COLLECTION.  (a)  A person who is relocating a household may import, or contract with a motor carrier or another person to import, a personal malt beverage, wine, or distilled spirit collection as a part of that person's household goods.
(b)  Section 107.07 does not apply to a person who is importing a personal malt beverage, wine, or distilled spirit collection under Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 83, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 157 (H.B. 1936), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 108 - Advertising › Subchapter A. General Provisions Relating to Advertising › Section 108.01. Deceptive, Disparaging, or Otherwise Unlawful Advertising

Sec. 108.01.  DECEPTIVE, DISPARAGING, OR OTHERWISE UNLAWFUL ADVERTISING.
(a)  A brewer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not publish, disseminate, or cause to be published or disseminated by any medium enumerated in Subsection (b) an advertisement of a brewery product that:
(1)  causes or is reasonably calculated to cause deception of the consumer with respect to the product advertised;
(2)  directly or by ambiguity, omission, or inference tends to create a misleading impression;
(3)  is untrue in any particular;
(4)  disparages a competitor's product; or
(5)  is obscene or indecent.
(b)  The media covered by this section include:
(1)  radio broadcasting;
(2)  newspapers, periodicals, and other publications;
(3)  signs and outdoor advertising;  and
(4)  any printed or graphic matter.
Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 19, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 336, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 108 - Advertising › Subchapter A. General Provisions Relating to Advertising › Section 108.02. Prohibited Forms of Advertising

Sec. 108.02.  PROHIBITED FORMS OF ADVERTISING.  No person may advertise an alcoholic beverage or the sale of an alcoholic beverage by the employment or use of a sound vehicle or handbill on a public street, alley, or highway.
Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 108 - Advertising › Subchapter A. General Provisions Relating to Advertising › Section 108.03. Regulation of Promotional Activities

Sec. 108.03.  REGULATION OF PROMOTIONAL ACTIVITIES.  The commission shall adopt rules permitting and regulating the use of business cards, menu cards, stationery, service vehicles and equipment, and delivery vehicles and equipment that bear alcoholic beverage advertising.  The commission shall also adopt rules permitting and regulating the use of insignia advertising malt beverages, distilled spirits, or wine by brand name on caps, regalia, or uniforms worn by employees of manufacturers, distributors, distillers, or wineries or by participants in a game, sport, athletic contest, or revue if the participants are sponsored by a manufacturer, distributor, distiller, or winery.
Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 84, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 337, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 108 - Advertising › Subchapter A. General Provisions Relating to Advertising › Section 108.035. Packaging of Certain Promotional Items Authorized

Sec. 108.035.  PACKAGING OF CERTAIN PROMOTIONAL ITEMS AUTHORIZED.  Notwithstanding any other provision of this code, a person who holds a brewer's license or nonresident brewer's license, or the person's agent or employee, may package alcoholic beverages in combination with other items if the package is designed to be delivered intact to the distributor and the additional items are branded and have no value or benefit to the retailer other than that of having the potential of attracting purchases and promoting sales.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 20, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 338, eff. September 1, 2021.