Arielle Cruz
Texas has a unique set of alcohol laws that govern the sale, consumption, and licensing of alcoholic beverages in the state. The Texas Alcoholic Beverage Commission (TABC) plays a crucial role in regulating the industry, offering guidance to businesses and individuals, and enforcing the laws related to alcohol. While the state has one set of alcohol laws, the types of sales allowed vary by city and county, with dry and wet counties having distinct classifications that impact the availability and consumption of alcohol. Understanding these laws is essential for both consumers and businesses to ensure responsible alcohol sales and service, especially with the state's strict drunk driving laws and regulations on providing alcohol to minors. With varying restrictions on when and where alcohol can be purchased, particularly on Sundays and specific holidays, Texas presents a complex landscape of alcohol regulations that citizens and businesses must navigate.
| Characteristics | Values |
|---|---|
| Body regulating alcohol laws in Texas | Texas Alcoholic Beverage Commission (TABC) |
| Texas Alcoholic Beverage Commission's role | Offering guidance and enforcing laws related to sales, licensing, and consumption |
| Texas Alcoholic Beverage Code | Specifies the hours of sale and consumption for various types of alcoholic beverages |
| Texas Alcoholic Beverage Code, Chapter 105 | Restricts liquor sales on Sundays and prohibits them on Thanksgiving Day, Christmas Day, and New Year's Day |
| Texas Alcoholic Beverage Code, Chapter 106 | Prohibits making alcoholic beverages available to minors |
| Texas drunk driving laws | Zero-tolerance for drivers under 21; escalating consequences for repeat DWI offenders |
| Texas alcohol laws | Differ between 'dry' and 'wet' counties |
| Dry counties | Restricted or banned alcoholic beverage sales |
| Wet counties | Allow the sale and consumption of alcohol |
| Alcohol sales on Sundays | Beer and wine can be purchased from noon to 10 pm; liquor sales are restricted |
| Alcohol sales during live events at sports venues, festivals, fairs, or concerts | Alcohol service can begin at 10 am |
| Alcohol sales in restaurants and bars on Sundays | Alcoholic beverages can be served after noon, or at 10 am if the customer is dining |
| Alcohol sales in grocery and convenience stores on Sundays | Beer and wine can be sold from 10 am to midnight |
| Alcohol sales in wineries on Sundays | Alcohol can be served from 10 am to midnight |
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What You'll Learn
Texas Alcoholic Beverage Commission (TABC)
The Texas Alcoholic Beverage Commission (TABC) is responsible for regulating the alcoholic beverage industry in the state of Texas. The TABC offers guidance and enforces laws related to sales, licensing, and consumption. The commission's mission is to serve the people of Texas by keeping a watchful eye on the alcoholic beverage industry, ensuring that sales are made responsibly, and collecting taxes.
TABC provides a roadmap for applicants seeking a license to sell alcohol, ensuring they have the necessary training and permits. They offer tools and resources to help businesses navigate the complex Alcoholic Beverage Code, including regulations on how to serve alcoholic beverages. The TABC also assists individuals, helping them understand the laws, rules, and regulations surrounding alcohol.
The TABC website features an interactive map that allows users to view the status of a county regarding alcohol sales. The map indicates whether a county is dry, partially wet, or wet, and details the types of alcohol permitted in various jurisdictions. Most Texas counties and cities allow some form of alcohol sales, with 60 completely wet counties and three completely dry counties. The types of sales allowed are determined by local option elections, where voters decide on the alcoholic beverage sales permitted in their community.
TABC also enforces laws related to the distance between alcohol-selling establishments and sensitive areas. City councils or county commissioners can adopt ordinances prohibiting the sale of alcoholic beverages within 300 feet of schools, churches, or hospitals. The distance from schools can be extended to 1,000 feet under certain circumstances. These ordinances are permissive, and local governments can grant variances as they see fit.
The TABC takes violations of alcohol laws seriously, with penalties ranging from fines to jail time. This includes strict drunk driving laws, with a zero-tolerance policy for drivers under 21 and severe consequences for repeat offenders. The TABC also regulates the employment of minors in the alcoholic beverage industry, generally prohibiting those under 18 from selling, preparing, serving, or handling alcoholic beverages.
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Drunk driving laws
Texas has strict drunk driving laws, with penalties varying depending on the age of the driver, the number of offences, and other situation-specific factors.
Minors (Under 21)
Texas has a Zero Tolerance Law for minors and alcohol. This means that it is illegal for anyone under 21 to drive with any amount of alcohol or drugs in their system. If convicted, minors face a fine of $500 to $2000, a driver's license suspension of up to one year, 20 to 40 hours of community service, and mandatory 12-hour alcohol education classes. If the minor is at least 17 years old and has a BAC of 0.08% or more at the time of arrest, the penalties increase to a $2000 fine, three to 180 days of jail time, and a license suspension of 90 days to one year.
Adults (21 and Older)
For adults, the penalties for driving while intoxicated (DWI) include a fine of up to $2000, jail time between three days and six months, and license suspension for up to two years. For a second offence, the fine increases to up to $4000, jail time of one month to one year, and license suspension of up to two years. A third offence can result in a $10,000 fine, state prison time of two to ten years, and license suspension of up to two years.
Implied Consent Laws
Texas has implied consent laws, which mean that by driving in the state, you have given consent for chemical testing if law enforcement suspects you are drunk or impaired. If you fail or refuse a chemical test, you will face an Administrative License Revocation (ALR), which is a type of license suspension. You have 15 days to request a hearing, after which your license suspension will kick in 40 days after the arrest.
Other Consequences
In addition to the legal penalties, a DWI conviction in Texas can have other serious consequences. It will remain on your criminal record, potentially impacting job opportunities, professional licenses, and college scholarships. The process will also be costly and time-consuming, with various fees and surcharges to maintain your license.
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Minors and alcohol
In Texas, people must be at least 21 years old to consume alcohol. Minors are prohibited from possessing and consuming alcohol, with limited exceptions. Minors who violate Texas alcohol laws face serious consequences, from fines to incarceration and the stain of a permanent criminal record.
A minor in possession of an alcoholic drink can be charged with a Class C misdemeanour, punishable by a fine of up to $500. If the minor is 17 or older and it is their third offence, the punishment can include a fine of $250 to $2,000, jail confinement of up to 180 days, and automatic driver's license suspension. A minor with previous alcohol-related convictions will have their driver's license suspended for one year if they do not attend alcohol awareness training required by the judge.
Minors are also subject to DUI charges if they operate a motor vehicle or watercraft with any detectable amount of alcohol in their system. This is because Texas law prohibits alcohol for minors, so even the smallest detectable consumption will result in a DUI. A minor may also be charged with a DWI if they operate a vehicle while intoxicated, with a blood alcohol concentration of 0.08 or greater, or if they have lost normal physical or mental faculties.
There are some exceptions to the law. Minors may drink alcohol if they are in the visible presence of an adult parent, legal guardian, or adult spouse. Additionally, minors who request emergency medical assistance for another person experiencing a possible alcohol overdose and remain on the scene to cooperate with medical personnel and law enforcement are exempt from prosecution. Minors who report sexual assault or are victims of sexual assault and seek help from a healthcare provider, law enforcement, or a Title IX coordinator are also exempt from prosecution.
Texas holds parents and adults civilly liable for the damages caused by the intoxication of a minor under 18 if they knowingly provided alcohol or allowed it to be served on their property. This includes any injuries, fights, falls, or sexual assaults that occur as a result of the minor's intoxication.
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Dry and wet counties
Texas has 254 counties, and each has its own way of regulating alcohol sales. While the state has one set of alcohol laws, the types of sales allowed vary by county and city. Texas allows local jurisdictions to exercise a local option to decide whether it is "wet" or "dry", and how that decision is made is not limited. Of Texas' 254 counties, 3 (Borden, Kent, and Roberts) are completely dry, 196 are partially dry, and 55 are entirely wet. The majority of entirely wet counties are in southern border regions near Mexico or in the south-central portion.
Alcohol law in Texas varies significantly by location. In some counties, 4% ABV beer is legal, while in others, beverages that are 14% ABV or less are legal. In some "dry" areas, a customer can get a mixed drink by paying to join a "private club", and in some "wet" areas, a customer needs a club membership to purchase liquor by the drink. For example, in Burleson, alcohol sales are allowed in the Tarrant County portion of the city but not in the Johnson County side of town. Today, beer and wine can be purchased in all parts of Burleson. The only places in the county where liquor can be purchased are a couple of stores inside the city limits of Alvarado and Rio Vista.
Borden County is a mostly rural region in the northwest region of Texas, spanning about 900 square miles. There are approximately 654 residents in this dry county, and the people in this county are consistent Republican voters. Borden County was one of many North Texas counties to continue to stay dry after prohibition was lifted in the 1930s. Over the past few decades, the people in the county have continued to vote in favour of a ban on alcohol sales. Today, residents in the county have to travel to adjacent counties to buy liquor or beer.
Kent County is also located in the northwest sector of the state and is named after a famous Texan, Andrew Kent, who fought at the Alamo. It was a centre of Texas agriculture until the 1930s, after which farmers and ranchers started relocating, and the industry never recovered. In the 1940s, oil was discovered in the county, which led to new job opportunities for people in the region. The small population in the county continues to vote in favour of keeping the county dry and banning all alcohol sales.
Roberts County, located in the northern panhandle of Texas, is home to about 850 people. Residents and visitors cannot purchase alcohol in this county. The main commercial activity in Roberts County is cattle ranching, and it is known for being the most Republican county in the country, with high levels of support for Republican presidential candidates since the 1960s.
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Sunday alcohol sales
Texas has a unique set of alcohol laws that vary by city and county. These laws are enforced by the Texas Alcoholic Beverage Commission (TABC), which regulates the alcoholic beverage industry and offers guidance to businesses and individuals.
On Sundays, liquor stores are closed, and the sale of liquor is prohibited. However, beer and wine can be purchased from grocery and convenience stores from noon to 10 pm. Wineries can serve alcohol from 10 am to midnight on Sundays.
For bars and restaurants, the serving times on Sundays depend on whether the customer is also ordering food. If food is ordered, alcohol can be served starting at 10 am. If not, service must wait until noon. Alcohol service can also begin at 10 am during live events such as sports events, festivals, fairs, or concerts, regardless of whether food is served. Certain bars and restaurants with a "late hours" permit can serve alcohol until 2 am any day of the week.
It is important to note that Texas has dry and wet counties, which affects the availability of alcohol. In dry counties, the sale of alcoholic beverages may be restricted or banned altogether, while wet counties allow the sale and consumption of alcohol. The status of a county as dry or wet can change through local-option elections.
In addition to the regulations on Sunday alcohol sales, Texas has strict drunk driving laws, including a zero-tolerance policy for drivers under 21 and harsh penalties for driving under the influence.
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Frequently asked questions
Texas has a zero-tolerance policy for drunk driving, with strict laws and severe penalties. For drivers under 21, any detectable alcohol is a violation of the law. The legal limit for drivers over 21 is a BAC of 0.08%.
Your right to a refund is based on your "contract" with the store. The terms of the agreement control your rights, and some terms are expressly stated, such as the price. It is best to talk to an attorney if you need help determining your options for canceling a purchase.
Some restaurants allow customers to bring their own bottle of wine, while others may consider it against the law. It is also up to the restaurant whether they charge customers for bringing their own alcoholic beverages.
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