ALCOHOLIC BEVERAGE CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
§ 1.01. PURPOSE OF CODE. (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 of the state's general and
permanent statute law without substantive change.
(b) Consistent with the objectives of the statutory
revision program, the purpose of this code is to make the general
and permanent alcoholic beverage law more accessible and
understandable, by:
(1) rearranging the statutes into a more logical
order;
(2) employing a format and numbering system designed
to facilitate citation of the law and to accommodate future
expansion of the law;
(3) eliminating repealed, duplicative,
unconstitutional, expired, executed, and other ineffective
provisions; and
(4) restating the law in modern American English to
the greatest extent possible.
Acts 1977, 65th Leg., p. 393, ch. 194, § 1, eff. Sept. 1, 1977.
§ 1.02. CONSTRUCTION OF CODE. 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.
Acts 1977, 65th Leg., p. 393, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1985, 69th Leg., ch. 479, § 67, eff. Sept. 1,
1985.
§ 1.03. PUBLIC POLICY. 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.
Acts 1977, 65th Leg., p. 393, ch. 194, § 1, eff. Sept. 1, 1977.
§ 1.04. DEFINITIONS. 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, condition, or system by which the person
receiving the beverages has the right at any time to relinquish
possession to them or to return them to the shipper and in which
title to the beverages remains in the shipper;
(B) the delivery of alcoholic beverages under an
agreement, arrangement, condition, or system by which the person
designated as the receiver merely acts as an intermediary for the
shipper or seller and the actual receiver;
(C) the delivery of alcoholic beverages to a
factor or broker;
(D) any method employed by a shipper or seller by
which a person designated as the purchaser of alcoholic beverages
does not in fact purchase the beverages;
(E) any method employed by a shipper or seller by
which a person is placed in actual or constructive possession of an
alcoholic beverage without acquiring title to the beverage; or
(F) any other type of transaction which may
legally be construed as a consignment sale.
(3) "Distilled spirits" means alcohol, spirits of
wine, whiskey, rum, brandy, gin, or any liquor produced in whole or
in part by the process of distillation, including all dilutions or
mixtures of them, and includes spirit coolers that may have an
alcoholic content as low as four percent alcohol by volume and that
contain plain, sparkling, or carbonated water and may also contain
one or more natural or artificial blending or flavoring
ingredients.
(4) "Illicit beverage" means an alcoholic beverage:
(A) manufactured, distributed, bought, sold,
bottled, rectified, blended, treated, fortified, mixed, processed,
warehoused, stored, possessed, imported, or transported in
violation of this code;
(B) on which a tax imposed by the laws of this
state has not been paid and to which the tax stamp, if required, has
not been affixed; or
(C) possessed, kept, stored, owned, or imported
with intent to manufacture, sell, distribute, bottle, rectify,
blend, treat, fortify, mix, process, warehouse, store, or transport
in violation of this code.
(5) "Liquor" means any alcoholic beverage containing
alcohol in excess of four percent by weight, unless otherwise
indicated. Proof that an alcoholic beverage is alcohol, spirits of
wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor,
tequila, mescal, habanero, or barreteago, is prima facie evidence
that it is liquor.
(6) "Person" means a natural person or association of
natural persons, trustee, receiver, partnership, corporation,
organization, or the manager, agent, servant, or employee of any of
them.
(7) "Wine and vinous liquor" means the product
obtained from the alcoholic fermentation of juice of sound ripe
grapes, fruits, berries, or honey, and includes wine coolers.
(8) "Hotel" means the premises of an establishment:
(A) where, in consideration of payment,
travelers are furnished food and lodging;
(B) in which are located at least 10 adequately
furnished completely separate rooms with adequate facilities so
comfortably disposed that persons usually apply for and receive
overnight accommodations in the establishment, either in the course
of usual and regular travel or as a residence; and
(C) which operates a regular dining room
constantly frequented by customers each day.
(9) "Applicant" means a person who submits or files an
original or renewal application with the county judge, commission,
or administrator for a license or permit.
(10) "Commission" means the Texas Alcoholic Beverage
Commission.
(11) "Permittee" means a person who is the holder of a
permit provided for in this code, or an agent, servant, or employee
of that person.
(12) "Ale" or "malt liquor" means a malt beverage
containing more than four percent of alcohol by weight.
(13) "Mixed beverage" means one or more servings of a
beverage composed in whole or part of an alcoholic beverage in a
sealed or unsealed container of any legal size for consumption on
the premises where served or sold by the holder of a mixed beverage
permit, the holder of a daily temporary mixed beverage permit, the
holder of a caterer's permit, the holder of a mixed beverage late
hours permit, the holder of a private club registration permit, or
the holder of a private club late hours permit.
(14) "Barrel" means, as a standard of measure, a
quantity of beer equal to 31 standard gallons.
(15) "Beer" means a malt beverage containing one-half
of one percent or more of alcohol by volume and not more than four
percent of alcohol by weight, and does not include a beverage
designated by label or otherwise by a name other than beer.
(16) "Licensee" means a person who is the holder of a
license provided in this code, or any agent, servant, or employee of
that person.
(17) "Manufacturer" means a person engaged in the
manufacture or brewing of beer, whether located inside or outside
the state.
(18) "Original package," as applied to beer, means a
container holding one barrel, one-half barrel, one-quarter barrel,
or one-eighth barrel of beer in bulk, or any box, crate, carton, or
other device used in packing beer that is contained in bottles or
other containers.
(19) "Premises" has the meaning given it in Section
11.49 of this code.
(20) "Citizen of Texas" and "citizen of this state"
mean a person who is a citizen of both the United States and Texas.
(21) "Minibar" means a closed container in a hotel
guestroom with access to the interior of the container restricted
by a locking device which requires the use of a key, magnetic card,
or similar device.
(22) "Minibar key" means the key, magnetic card, or
similar device which permits access to the interior of a minibar.
(23) "Guestroom" means a sleeping room, including any
adjacent private living area, in a hotel which is rented to guests
for their use as an overnight accommodation.
(24) "Wine cooler" means an alcoholic beverage
consisting of vinous liquor plus plain, sparkling, or carbonated
water and which may also contain one or more natural or artificial
blending or flavoring ingredients. A wine cooler may have an
alcohol content as low as one-half of one percent by volume.
Acts 1977, 65th Leg., p. 393, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1989, 71st Leg., ch. 532, § 1, eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 692, § 1, eff. June 14, 1989;
Acts 1993, 73rd Leg., ch. 934, § 1, eff. Sept. 1, 1993.
§ 1.05. GENERAL PENALTY. (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 used in this section,
means a penalty which might be imposed as a result of a criminal
prosecution.
Acts 1977, 65th Leg., p. 395, ch. 194, § 1, eff. Sept. 1, 1977.
§ 1.06. CODE EXCLUSIVELY GOVERNS. 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.
Acts 1977, 65th Leg., p. 395, ch. 194, § 1, eff. Sept. 1, 1977.
§ 1.07. RESIDENT ALIENS. (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 a United States citizen but
who legally resides in the state is treated as a United States
citizen and a citizen of Texas.
(b) If it is required that an individual have resided in the
state for a specified period of time, an alien legally residing in
the state satisfies the requirement if he has legally resided in the
state for the prescribed period of time. If an alien becomes a
United States citizen while residing in Texas, any continuous
period of time he legally resided in the state immediately before
becoming a citizen is included in computing his period of
continuous residence in the state.
Added by Acts 1979, 66th Leg., p. 1971, ch. 777, § 18, eff. Aug.
27, 1979.
§ 1.08. CRIMINAL NEGLIGENCE DEFINED.
Text of section as added by Acts 1993, 73rd Leg., ch. 437, § 1
For purposes of this code, a person acts with criminal
negligence if the person acts with a mental state that would
constitute criminal negligence under Chapter 6, Penal Code, if the
act were an offense.
Added by Acts 1993, 73rd Leg., ch. 437, § 1, eff. Sept. 1, 1993.
For text of section as added by Acts 1993, 73rd Leg., ch. 934, §
2, see § 1.08, post
§ 1.08. CRIMINAL NEGLIGENCE STANDARD FOR ADMINISTRATIVE
ACTION.
Text of section as added by Acts 1993, 73rd Leg., ch. 934, § 2
For the purposes of administrative actions under this code, a
person acts with criminal negligence if the person acts with a
mental state that would constitute criminal negligence under
Chapter 6, Penal Code, if the act were an offense.
Added by Acts 1993, 73rd Leg., ch. 934, § 2, eff. Sept. 1, 1993.
For text of section as added by Acts 1993, 73rd Leg., ch. 437, §
1, see § 1.08, ante
