Texas Alcoholic Beverage Code Title 4, Chapter 101 - General Criminal Provisions

SUBCHAPTER A PROCEDURAL PROVISIONS

• Texas Section 101.01 - Restraining Orders And Injunctions
  (a) If a credible person by affidavit informs the attorney general or a county or district attorney that a person is violating or is about...
• Texas Section 101.02 - Arrest Without Warrant
  A peace officer may arrest without a warrant any person he observes violating any provision of this code or any rule or regulation of the...
• Texas Section 101.03 - Search And Seizure
  (a) A search warrant may issue under Chapter 18, Code of Criminal Procedure, 1965, as amended, to search for, seize, and destroy or otherwise dispose...
• Texas Section 101.04 - Consent To Inspection; Penalty
  (a) By accepting a license or permit, the holder consents to the commission, an authorized representative of the commission, or a peace officer entering the...
• Texas Section 101.05 - Negation Of Exception: Information, Complaint, Or Indictment
  An information, complaint, or indictment charging a violation of this code need not negate an exception to an act prohibited by this code, but the...
• Texas Section 101.06 - Testimony Of Accomplice
  A conviction for a violation of this code cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect...
• Texas Section 101.07 - Duty Of Peace Officers
  All peace officers in the state, including those of cities, counties, and state, shall enforce the provisions of this code and cooperate with and assist...
• Texas Section 101.08 - Duty Of County Court
  When a violation of this code occurs, the county court shall make a recommendation to the commission as to cancellation or suspension of any permit...
• Texas Section 101.09 - Reports Of Convictions
  Every county and district clerk in the state shall furnish the commission or its representative, on request, a certified copy of the judgment of conviction...

SUBCHAPTER B OFFENSES RELATING TO DRY AREAS

• Texas Section 101.10 - Wholesale Or Retail Sale: Prima Facie Evidence
  (a) Proof that a retail permittee sold or delivered more than three gallons of distilled spirits to a person in a single or continuous transaction...
• Texas Section 101.31 - Alcoholic Beverages In Dry Areas
  (a) Except as otherwise provided in this code, no person in a dry area may manufacture, distill, brew, sell, import into the state, export from...
• Texas Section 101.32 - Prima Facie Evidence Of Intent To Sell
  (a) Possession of more than one quart of liquor in a dry area is prima facie evidence that it is possessed with intent to sell....

SUBCHAPTER C CONTAINERS

• Texas Section 101.33 - Delivery Of Liquor In Dry Area
  Section 107.03 of this code relates to the delivery of liquor in a dry area. Acts 1977, 65th Leg., p. 493, ch. 194, Sec. 1,...
• Texas Section 101.41 - Containers, Packaging, And Dispensing Equipment Of Beer: Labels
  (a) No manufacturer or distributor, directly or indirectly or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may manufacture, sell, or otherwise...
• Texas Section 101.42 - Returnable Container: Acceptance By Another Manufacturer
  No manufacturer of beer may purchase, accept as a return, or use a barrel, half-barrel, keg, case, or bottle permanently branded or imprinted with the...
• Texas Section 101.43 - Misbranding Of Brewery Product
  (a) No manufacturer or distributor, directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may sell or otherwise introduce...
• Texas Section 101.45 - Containers Of Wine: Maximum Capacity
  A person may not sell wine to a retail dealer in a container with a capacity greater than 15.5 gallons. Acts 1977, 65th Leg., p....
• Texas Section 101.46 - Containers Of Liquor: Minimum Capacities
  (a) Except as provided by Subsections (b), (c), and (d), no person may import, sell, or possess with intent to sell any liquor in a...
• Texas Section 101.47 - Carrier May Transport Liquor In Small Containers
  The commission may authorize a common carrier of persons engaged in interstate commerce to transport liquor in containers of less than 20 milliliters if the...

SUBCHAPTER D MISCELLANEOUS OFFENSES

• Texas Section 101.48 - Commission's Regulatory Authority
  Sections 5.39 and 5.40 of this code relate to the commission's authority to regulate liquor containers and beer container deposits. Acts 1977, 65th Leg., p....
• Texas Section 101.61 - Violation Of Code Or Rule
  A person who fails or refuses to comply with a requirement of this code or a valid rule of the commission violates this code. Acts...
• Texas Section 101.63 - Sale To Certain Persons
  (a) A person commits an offense if the person with criminal negligence sells an alcoholic beverage to an habitual drunkard or an intoxicated or insane...
• Texas Section 101.64 - Indecent Graphic Material
  No holder of a license or permit may possess or display on the licensed premises a card, calendar, placard, picture, or handbill that is immoral,...
• Texas Section 101.65 - Beverages Made From Certain Materials Prohibited
  No person may manufacture, import, sell, or possess for the purpose of sale an alcoholic beverage made from: (1) any compound made from synthetic materials;...
• Texas Section 101.66 - Beverages Of Certain Alcohol Content Prohibited
  No person may manufacture, sell, barter, or exchange a beverage that contains alcohol in excess of one-half of one percent by volume and not more...
• Texas Section 101.67 - Prior Approval Of Malt Beverages
  (a) No person may ship or cause to be shipped into the state, import into the state, manufacture and offer for sale in the state,...
• Texas Section 101.671 - Prior Approval Of Distilled Spirits And Wine
  (a) Before an authorized permittee may ship distilled spirits or wine into the state or sell distilled spirits or wine within the state, the permittee...
• Texas Section 101.68 - Consignment Sale Prohibited
  A person commits an offense if he is a party to, or directly or indirectly interested in or connected with, a consignment sale of an...
• Texas Section 101.69 - False Statement
  Except as provided in Section 103.05(d), a person who makes a false statement or false representation in an application for a permit or license or...
• Texas Section 101.70 - Common Nuisance
  (a) A room, building, boat, structure, or other place where alcoholic beverages are sold, bartered, manufactured, stored, possessed, or consumed in violation of this code...
• Texas Section 101.71 - Inspection Of Vehicle
  No holder of a permit issued under Title 3, Subtitle A, of this code, may refuse to allow the commission or its authorized representative or...
• Texas Section 101.72 - Consumption Of Alcoholic Beverage On Premises Licensed For Off-premises Consumption
  (a) A person commits an offense if the person knowingly consumes liquor or beer on the premises of a holder of a wine and beer...
• Texas Section 101.73 - Expungement Of Conviction For Consumption On Premises Licensed For Off-premises Consumption
  (a) A person convicted of not more than one violation of Section 101.72 of this code within 12 months, after the first anniversary of the...
• Texas Section 101.74 - Offenses Relating To Bingo
  (a) An organization licensed to conduct bingo under Chapter 2001, Occupations Code, may not offer an alcoholic beverage as a bingo prize or as a...
• Texas Section 101.75 - Consumption Of Alcoholic Beverages Near Schools
  (a) A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or...
• Texas Section 101.76 - Unlawful Display Or Use Of Permit Or License
  (a) A person commits an offense if the person knowingly allows another person to display or use a permit or license issued by the commission...

Last modified: September 28, 2016