Texas · statute · Tex. Alcoholic Beverage Code · 831 active provisions
(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 448, Acts of the 58th Legislature, 1963 (Article 5429b-1, Vernon's Texas Civil Statutes). The program contemplates a topic-by-topic revision o…
The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.
This code is an exercise of the police power of the state for the protection of the welfare, health, peace, temperance, and safety of the people of the state. It shall be liberally construed to accomplish this purpose.
In this code: (1) "Alcoholic beverage" means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. (2) "Consignment sale" means: (A) the delivery of alcoholic beverages under an agreement, arrangement, con…
(a) A person who violates a provision of this code for which a specific penalty is not provided is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $100 nor more than $1,000 or by confinement in the county jail for not more than one year or by both. (b) The term "specific penalty," as…
Unless otherwise specifically provided by the terms of this code, the manufacture, sale, distribution, transportation, and possession of alcoholic beverages shall be governed exclusively by the provisions of this code.
(a) For purposes of any provision of this code that requires an applicant for a license or permit to be a United States citizen or Texas citizen, regardless of whether it applies to an individual, a percentage of stockholders of a corporation, or members of a partnership, firm, or association, an individual who is not…
It is the intent of the legislature to prevent human trafficking at all permitted and licensed premises, and all provisions of this code shall be liberally construed to carry out this intent, and it shall be a duty and priority of the commission to adhere to a zero tolerance policy of preventing human trafficking and r…
A reference in this code to: (1) "Ale," "beer," or "malt liquor" means a malt beverage. (2) "Brewer's permit" or "manufacturer's license" means a brewer's license. (3) "Nonresident brewer's permit" or "nonresident manufacturer's license" means a nonresident brewer's license. (4) "Wine and beer retailer's off-premise pe…
In this chapter: (1) "Provider" means a person who sells or serves an alcoholic beverage under authority of a license or permit issued under the terms of this code or who otherwise sells an alcoholic beverage to an individual. (2) "Provision" includes, but is not limited to, the sale or service of an alcoholic beverage…
(a) This chapter does not affect the right of any person to bring a common law cause of action against any individual whose consumption of an alcoholic beverage allegedly resulted in causing the person bringing the suit to suffer personal injury or property damage. (b) Providing, selling, or serving an alcoholic bevera…
(a) The liability of providers under this chapter for the actions of their employees, customers, members, or guests who are or become intoxicated is in lieu of common law or other statutory law warranties and duties of providers of alcoholic beverages. (b) This chapter does not impose obligations on a provider of alcoh…
(a) The Texas Alcoholic Beverage Commission is an agency of the state. (b) The Texas Alcoholic Beverage Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and Subchapter A, Chapter 5, expires September 1, 2031.
(a) The commission is composed of five members, who are appointed by the governor with the advice and consent of the senate. (b) Each member must be a Texas resident, must have resided in the state for at least five years next preceding his appointment and qualification, and must be a qualified voter in the state at th…
(a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section. (b) The training program must provide the person with in…
The members of the commission hold office for staggered terms of six years, with the term of one or two members expiring every two years. Each member holds office until the member's successor is appointed and has qualified. The governor may appoint a member to serve consecutive terms.
The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
(a) A person may not be appointed to or serve on the commission, or hold an office under the commission, or be employed by the commission, if the person is employed by or has a financial interest in an alcoholic beverage business. For purposes of this subsection, a person has a financial interest in an alcoholic bevera…
(a) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications required by Section 5.02; (2) does not maintain during service on the commission the qualifications required by Section 5.02; (3) is ineligible for membership under Section 5.05; (4) canno…
The office of the commission shall be in the city of Austin.
(a) The commission may meet in the city of Austin at times it determines. (b) A majority of the members constitutes a quorum for the transaction of business or for the exercise of any of the powers or duties of the commission. (c) The commission shall develop and implement policies that will provide the public with a r…
Members of the commission receive per diem as provided by the General Appropriations Act for not more than 60 days a year, plus actual expenses, while attending commission meetings or otherwise engaged in the performance of their duties.
(a) The commission or administrator may employ clerks, stenographers, inspectors, chemists, and other employees necessary to properly enforce this code. (b) The administrator or the administrator's designee shall develop an intra-agency career ladder program. The program shall require the intra-agency posting of all no…
(a) A human resources division is established within the commission. (b) The division is responsible for personnel, recruiting, hiring, and other human resource functions and shall provide recruiting and technical assistance to the divisions and regional offices of the commission. (c) The division shall develop policie…
For the purpose of providing adequate personnel for all job positions in the commission, the commission shall: (1) develop a recruiting program that identifies underrepresentation with the commission and focuses on recruiting different ethnic, racial, or gender groups for job categories in which underrepresentation occ…