Texas Alcohol Laws

Texas is one of ten states (California, Colorado, Maryland, Montana, New York, Texas, West Virginia, Washington, Wisconsin, and Wyoming) that allow consumption by minors in the presence of consenting and supervising family members.

In the state of Texas, parents accept responsibility for the safety of minors under 18 when the minor is on their property or on property leased by them and under their care, custody, and control; an adult may provide alcohol to a minor if he/she is the minor’s adult parent, guardian, or spouse, and is visibly present when the minor possesses or consumes the alcoholic beverage.

It is against the law to make alcohol available to a non-family person younger than 21, even in one’s own residence and even with that parent’s permission

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What are the legal hours of sale/service of alcoholic beverages?

ON-PREMISE LICENSE OR PERMIT (E.G. BAR OR RESTAURANT)

  • Monday-Friday: 7am-midnight
  • Saturday: 7am-1am
  • Sunday: Noon to midnight. (10am-noon only in conjunction with the service of food)
  • If the establishment is in a city or county legal for late hours, and they have a late hours permit, they can sell alcohol for on-premise consumption until 2am any night of the week.

OFF-PREMISE BEER/WINE LICENSE OR PERMIT (E.G. CONVENIENCE STORE OR GROCERY STORE)

  • Monday-Friday: 7am-midnight
  • Saturday: 7am-1am
  • Sunday: noon to midnight

PACKAGE STORE / LIQUOR STORE

  • Monday-Saturday: 10am-9pm
  • Closed on Sunday, Thanksgiving Day, Christmas Day, New Year’s Day.
  • If Christmas Day or New Year’s Day falls on a Sunday, closed the following Monday.

SPORTS VENUE

“Sports venue” means a public entertainment facility property, as defined by Section 108.73, that is primarily designed and used for live sporting events. In addition to any other period during which the sale of alcohol is authorized, a licensed or permitted premises located in a sports venue may sell alcoholic beverages between 10 a.m. and noon on Sunday.

FESTIVAL, FAIR, OR CONCERT

In addition to any other period during which the sale of alcohol is authorized, a licensed or permitted premises located at a festival, fair, or concert may sell alcoholic beverages between 10 a.m. and noon on Sunday.

WINERY

  • Monday-Saturday: 8am-midnight
  • Sunday: 10am to midnight

What are the legal hours of public consumption of alcoholic beverages?
In an extended hours area, a person may not consume or possess with intent to consume an alcoholic beverage in a public place:

  • Monday-Saturday: before 7am or after 2:15am
  • Sunday: before noon or after 2:15am
  • Exception: Consumption is legal between 10am and noon on Sunday:
    • At an on-premise establishment when it is sold along with the service of food to a customer;
    • At a winery, fair, festival, concert, or sports venue.

“Extended hours area” means an area subject to the extended hours of sale provided in Section 105.03 or 105.05 of this code.

In a standard hours area, a person may not consume or possess with intent to consume an alcoholic beverage in a public place:

  • Monday-Friday: before 7am or after 12:15am
  • Saturday: before 7am or after 1:15am
  • Sunday: before noon or after 12:15am
  • Exception: Consumption is legal between 10am and noon on Sunday:
    • At an on-premise establishment when it is sold along with the service of food to a customer;
    • At a winery, fair, festival, concert, or sports venue.

“Standard hours area” means an area which is not an extended hours area.

May holders of wholesaler’s, beer distributor’s or local distributor’s permits sell or deliver liquor to retailers between 5 a.m. and 9 p.m.?
Yes, with the exception that a local distributor permittee may not sell or deliver any liquor on days a package store permittee is prohibited from selling liquor. [Section 105.02]

How does the time changes for Day Light Savings Time affect the hours of sale and consumption?
In the fall when the time changes at 2:00 a.m., licensees and permittees may sell for an additional hour because the legal time is 1:00 a.m., instead of 2:00 a.m., at that point in time. In the spring, when Day Light Savings Time takes place, the legal time is 3:00 a.m. when the time changes. Technically, no one should be publicly consuming or selling alcoholic beverages at that time. TABC agents have traditionally given patrons the 15 minutes they have under the extended hours definition to consume the remainder of the drinks legally purchased before 2:00 a.m.

Is it legal to sell alcoholic beverages on an election day?
Yes. There are no laws against selling alcohol on election day.

Sources:
Texas Alcoholic Beverage Code: Online PDF Document 1333K;
TABC Administrative Rules: Online PDF Document 489K

7 COMMENTS

  1. Why on earth would the liquor laws laws be different depending on the day of the week? Liquor should be served on the same hours 7 days a week. Sunday should be no different than any other day. This is an obvious lack of separation of church and state! I live in California where guns are unfairly governed but liquor is treated fair. Is there no state where personnel freedom is still respected. Is there no state where my rights are not infringed upon by religious nuts or gun fearing wackos?

  2. The state of Texas is going to tell me what hours of operation are profitable? I thought freedom allows me to sell my products when I think it is profitable? Is that not free enterprise? Why can I go to Mexico and buy liquor at 2, 3, 4 AM and bring it back to Texas?