Mason Delacroix
In the United States, a dry county is a jurisdiction where the sale and public consumption of alcohol are prohibited. While nationwide prohibition was repealed by the Twenty-first Amendment, prohibition under state or local laws is permitted. As of March 2025, there are 60 completely wet counties in Texas and three completely dry counties. The City of Alvin, Texas, has a history of updating its alcohol ordinance, with the most recent update in March 2024. While it is unclear whether Alvin is still a dry county, Texas has been getting wetter over time, with an increase in the number of wet counties since 1986.
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What You'll Learn
Alcohol laws in Texas
Texas is one of ten states that allow the consumption of alcohol by minors in the presence of consenting and supervising family members. In Texas, parents accept responsibility for minors under 15 when the minor is on their property or property leased by them. An adult may provide alcohol to a minor if they are the minor's adult parent, guardian, or spouse, and are visibly present when the minor consumes the alcoholic beverage. It is illegal to make alcohol available to a non-family member younger than 17, even on one's own property and even with permission from the minor's parent. Texas holds parents/adults civilly liable for damages caused by the intoxication of a minor younger than 17 if they knowingly provided alcohol or allowed alcohol to be served on their property.
In Texas, the legal drinking age is 21 years old. However, employment at a company serving alcoholic beverages can be entered into at 18 provided the employee gets certified by the Texas Alcoholic Beverage Commission. There is no specific training required to serve alcohol in Texas. However, the Texas Alcoholic Beverage Code states that the actions of an employee (such as serving alcohol to an intoxicated patron) will not be imputed to the employer if the employer requires the employee to complete training approved by the Texas Alcoholic Beverage Commission, the employee completes the training, and the employer has not directly encouraged the employee to violate the law.
Texas has specific laws regarding the sale of alcohol. Beer and wine can be sold from 7:00 am until midnight Monday through Friday, from 7:00 am until 1:00 am on Saturday, and from 10 am until midnight on Sunday. Licensed restaurants, bars, and other establishments can serve alcohol for consumption on-premises starting at 10:00 am on Sunday if served with food, and until 2:00 am every night if the establishment has a late-hours permit in cities or counties that allow such sales. Alcohol sales are prohibited on Sundays, Thanksgiving Day, Christmas Day, and New Year's Day. Alcohol sales are also prohibited before 10 am and after 9 pm on any other day. Alcohol can only be sold in "package stores", which must be closed whenever liquor sales are prohibited. Liquor can only be purchased from specific liquor stores, and these stores are closed on Sundays. Grocery stores, drug stores, and convenience stores sell only beer and wine.
Texas also has laws regarding the transportation of alcohol. All previously opened containers of alcoholic beverages must be stored and transported in a vehicle's trunk or other secure storage to which the driver and passengers do not have access. An operator of a motor vehicle is considered under the influence of alcohol if a chemical screening test shows a blood alcohol content (BAC) of 0.08% or higher. If under the age of 17, a driver in Texas testing positive for any BAC may be subject to DUI charges.
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The City of Alvin's Alcoholic Beverage Code
The City of Alvin, Texas, has updated its Alcoholic Beverage Code, amending Chapter 3, which governs the sale and consumption of alcohol within the city limits. While the details of the new ordinance are not explicitly stated, the amendment aims to add definitions, revise language, and provide for variances, penalties, and other related matters.
The local option is decided by voters in each county, and the laws regulating the alcoholic beverage industry are consistent statewide. However, these local-option elections give communities the power to shape the alcohol landscape in their respective areas. While the sale and public consumption of alcohol are prohibited in dry counties, residents may still possess alcohol for personal consumption, following specific regulations.
The debate surrounding dry counties is ongoing, with some arguing that the restrictions effectively deter alcohol consumption and related crimes. In contrast, studies suggest that dry counties might have higher DWI death rates due to residents travelling to neighbouring areas to purchase alcohol and then driving back intoxicated. Additionally, dry counties often have a historical context influenced by temperance movements or religious beliefs that disapprove of alcohol consumption.
The City of Alvin's updated Alcoholic Beverage Code reflects the dynamic nature of alcohol regulations in Texas. While the specific changes to Alvin's code are not detailed, the amendment indicates a recognition of the evolving nature of alcohol-related laws and their impact on the community.
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Local option elections in Texas
Texas laws controlling the sale of liquor date back to the founding of the Republic following independence from Mexico. The local option law in its current form has been largely unchanged since Article XVI, Section 20 of the Texas Constitution was adopted in 1891. The Texas Alcoholic Beverage Code allows for local-option elections to determine the types of alcoholic beverages that may be sold and how they can be sold.
Elections can be held by counties, cities, or individual justice of the peace precincts. In the absence of local option elections, some jurisdictions and parts of jurisdictions are dry as the result of pre-1891 legislative action in the form of special and local prohibitory acts that were ratified and preserved when Article XVI § 20 of the state constitution was adopted.
To hold a local option election, 10 or more qualified voters of any county, justice precinct, or municipality must file a written application and provide proof of publication of notice in a newspaper of general circulation in that political subdivision. The county clerk of the county then issues a petition to be circulated among the qualified voters of the political subdivision for signatures. The notice must include the individual or entity applying for the petition and a statement of the purpose of the petition.
The local option is decided by voters in each county. Counties, cities, and justice of the peace precincts are wet except where the voters have prohibited the sale of liquor. At one time or another, the voters in almost every county in the state have adopted at least some local restriction on alcohol sales.
As of August 2021, there were 59 completely wet counties in Texas and 5 completely dry counties. Over time, Texas has been getting “wetter.” In 2003, there were 35 completely wet counties and 51 completely dry. In 1995, there were 53 dry counties, and in 1986, there were 62 dry counties.
In March 2024, the Alvin City Council approved Ordinance 24-H, amending the City of Alvin, Code of Ordinances, Chapter 3, Alcoholic Beverages, for the purpose of adding definitions, revising language, and providing for a variance; providing for severability; providing for a penalty; providing for publication; and providing for other matters related to alcoholic beverages.
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Dry counties in Texas
In the United States, prohibition under state or local laws is permitted, even though the Twenty-first Amendment repealed nationwide Prohibition. The reason for maintaining prohibition at the local level is often religious in nature, as many evangelical Protestant Christian denominations discourage alcohol consumption. In rural Alaska, restrictions on alcohol sales are due to problems with alcohol use disorder and alcohol-related crime.
In Texas, the local option is decided by voters in each county. As of August 2021, there were 59 completely wet counties and 5 completely dry counties in the state. The dry counties are Borden, Hemphill, Kent, Roberts, and Throckmorton. Texas has been getting "wetter" over time. In 2003, there were 35 completely wet counties and 51 completely dry ones. In 1995, there were 53 dry counties, and in 1986, there were 62.
In 195 "moist" counties, which are a combination of wet and dry areas, beer and wine can be sold from 7:00 a.m. until midnight Monday through Friday, from 7:00 a.m. until 1:00 a.m. on Saturday, and from 10 a.m. until midnight on Sunday. Licensed restaurants, bars, and other establishments can serve alcohol for consumption on-premises starting at 10:00 a.m. on Sunday if served with food, and until 2:00 a.m. every night if the establishment has a late-hours permit in cities or counties that allow such sales. Alcohol sales are prohibited on Sundays, Thanksgiving Day, Christmas Day, and New Year's Day. They are also prohibited before 10:00 a.m. and after 9:00 p.m. on any other day. Alcohol can only be sold in "package stores", which must be closed when liquor sales are prohibited.
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The legal status of alcohol in Alvin
In Texas, the laws regulating the alcoholic beverage industry are consistent statewide. However, the Texas Alcoholic Beverage Code allows for local-option elections, giving voters in each county the power to decide the types of alcoholic beverages that can be sold and how they can be sold. These elections can be held by counties, cities, or individual justice of the peace precincts. As of March 2025, there are 60 completely wet counties in Texas, where all alcoholic beverage sales are legal, and three completely dry counties, where no sales of alcoholic beverages are permitted.
It's important to note that even in dry counties, alcohol may not be completely illegal. Residents may still possess alcohol for personal consumption, following specific regulations. However, dry counties often have additional local ordinances that can impose consequences on top of state-mandated penalties for alcohol-related offenses.
The decision to allow or restrict alcohol sales in Texas counties is influenced by various factors, including historical temperance movements and religious beliefs. Additionally, there is an ongoing debate about the effectiveness of dry counties in deterring alcohol consumption and related crimes. While some argue that restrictions reduce alcohol-related issues, studies suggest that dry counties might have higher DWI death rates as residents travel to nearby wet counties to purchase alcohol and then drive back intoxicated.
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