Here are three debunked Texas alcohol laws and a guide to legally drinking in the state
The battle for the legal sale and consumption of alcohol made a significant stride on Dec. 5, 1933, with the ratification of the 21st Amendment, allowing states complete control of their alcohol distribution systems.
Now, states have brewed their own cocktails of different alcohol laws. Some states have incredibly strict laws like Utah and Virginia. Others with very relaxed laws like Missouri.
Where does Texas lay in the mix? Let’s take a look at what you should know.
When you can buy alcohol in Texas
According to the Texas Alcoholic Beverage Commission, places with an on-premise license or permit (usually a bar or restaurant) are allowed to sell:
Weekdays from 7 a.m. to midnight
Saturday from 7 a.m. to 1 a.m.
Sunday from noon to midnight
Places with an off-premise beer/wine license or permit, are allowed to sell beer/wine:
Weekdays from 7 a.m. to midnight
Saturday from 7 a.m. to 1 a.m.
Sunday from 10 a.m. to midnight
However, a wine-only package store that holds a beer license may not sell wine containing more than 17% alcohol by volume on a Sunday or after 10 p.m. on any day, according to the TABC website.
This criterion applies only to wet counties in Texas, which are counties that sell liquor.
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Dry counties in Texas
Opposite to wet counties, dry counties restrict the sale and consumption of alcohol. Today, four Texan counties are dry:
Borden County – This little town was named after the man who invented condensed milk, Gail Borden. Its population is about 617 as of 2021. Highway 180 runs horizontally through the middle of its 900 square miles of land.
Kent County – Home to the ghost town of Clairemont, this county is home to about 741 people as of 2021. Today, its county seat is Jayton, which appears to be the most populated part of Kent County by looking at Google Maps.
Roberts County – This county in the panhandle of Texas began in 1876, and its first ranch was established in 1877. Its 2021 population was 797.
Throckmorton County – Recognized in 1858, Throckmorton County became organized in 1878. Its population in 2021 was 1,495.
There used to be a fifth dry county, Hemphill County, but one of its cities held an election in 2022 where it legalized alcohol.
There are also about 196 counties in Texas that are partially wet, where they sell don’t sell liquor, but they sell beer and wine. Out of Texas’ 254 counties, about 50 are completely wet.
Where you can buy alcohol in Texas
Excluding dry counties, you can typically buy alcohol at grocery stores, gas stations, liquor stores, restaurants, bars and events.
The law states that publicly traded corporations may not possess package store permits, which essentially are permits to sell liquor. This means you won't see stores like H-E-B or Walmart selling liquor, only beer and wine. This is unlike about 18 other states that do allow liquor sales in grocery stores.
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How much alcohol can you purchase at one time in Texas?
As far as buying alcohol at grocery, liquor, or convenience stores for off-premise consumption, there aren’t limits as to how much you can buy, Porter said.
When it comes to buying alcohol at bars or restaurants, you can’t be served more than two drinks at once, he said, excluding bottle service.
The (hopefully) obvious law
Under federal law, people under the age of 21 are not legally allowed to consume alcohol.
In some states, like Texas and Louisiana, it’s legal for people under 21 to consume alcohol if they are in the presence of a parent, guardian or spouse that consents.
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Three rumored laws that are NOT true
1. The 'Three Sips Law'
Director of Communication at the TABC, Chris Porter, debunked a rumored Texas alcohol law, commonly referred to as ‘the three sips law.’ This refers to the belief that it’s illegal to take more than three sips of beer while standing up.
But don’t worry because Porter said the claim isn’t true, so feel free to take more than three gulps of your Texas-crafted beer.
2. Brown paper bags aren't required
Porter also said there’s no law stating that a cashier has to put your newly-purchased alcohol in a brown paper bag. He believes the misconception may have started due to the stereotypical movie portrayal of brown bags holding bottles of liquor.
“It's never been a law here in Texas, and it's certainly not something that we're going to pounce on a business if they don't use a bag,” Porter said.
3. It's legal to brew your own beer at home
Another commonly rumored law is that the Encyclopedia Britannica is banned in Texas because it contains a recipe for making beer. Porter said that while he can’t speak to specific book bans, he does know that brewing beer at home is legal under some regulations.
“There isn't a prohibition against the person brewing their own beer at home,” he said. “They can certainly do that if they want to. I think they're limited to about 200 gallons per year if they choose to brew beer at home.”
Since the Texas alcohol laws were originally written in 1935 and have been amended over the years, complexities in the code are likely, Porter said.
Prior to 2019, there were about 76 different types of alcohol permits, he said. The 2019 legislature then condensed and combined some of the permits down to 36 different types.
Despite confusion over certain drinking laws, Porter said the laws have become more simple in recent years.
“I think the alcoholic beverage code is complex, but the legislature and TABC are taking steps to make it easier for folks to understand and ultimately easier for them to get into business,” Porter said.
This article originally appeared on Austin American-Statesman: Three debunked alcohol laws and a guide to legally drinking in Texas
