Tex. Alco. Bev. Code § 104.01 · Chapter 104. REGULATION OF RETAILERS
LEWD, IMMORAL, INDECENT CONDUCT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person authorized to sell malt beverages at retail, or the person's agent, servant, or employee, may not engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including any of the following acts:
(1) the use of loud and vociferous or obscene, vulgar, or indecent language, or permitting its use;
(2) the exposure of a person or permitting a person to expose himself or herself;
(3) rudely displaying or permitting a person to rudely display a pistol or other deadly weapon in a manner calculated to disturb persons in the retail establishment;
(4) solicitation of any person to buy drinks for consumption by the retailer or any of the retailer's employees;
(5) being intoxicated on the licensed premises;
(6) permitting lewd or vulgar entertainment or acts;
(7) permitting solicitations of persons for immoral or sexual purposes;
(8) failing or refusing to comply with state or municipal health or sanitary laws or ordinances; or
(9) possession of a narcotic or synthetic cannabinoid or any equipment used or designed for the administering of a narcotic or a synthetic cannabinoid or permitting a person on the licensed premises to do so.
(b) For purposes of Subsection (a)(4), a solicitation is presumed if an alcoholic beverage is sold or offered for sale for an amount in excess of the retailer's listed, advertised, or customary price. The presumption may be rebutted only by evidence presented under oath.
(c) In this section, "synthetic cannabinoid" means a substance included in Penalty Group 2-A under Section 481.1031, Health and Safety Code.
Notes and commentary — not statutory text
History
Acts 1977, 65th Leg., p. 510, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 204, ch. 114, Sec. 1, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 303, Sec. 7, eff. June 11, 1987; Acts 1989, 71st Leg., ch. 1200, Sec. 2, eff. June 16, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 825 (H.B. 3982), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 539 (S.B. 341), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 321, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/AL/htm/AL.104.htm
- Text hash
- sha256 80a21b39f8ba1e7bd8a1907626f12728d84d98ef64880f168963af3b00281bdb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Alco. Bev. Code § 104.01. Each shows the citation as that text prints it.
Alcoholic Beverage Code
- Tex. Alco. Bev. Code § 11.44PREMISES INELIGIBLE FOR PERMIT OR LICENSE.Printed as Section 104.01
- Tex. Alco. Bev. Code § 11.46GENERAL GROUNDS FOR DENIAL.Printed as Section 104.01
- Tex. Alco. Bev. Code § 11.64ALTERNATIVES TO SUSPENSION, CANCELLATION.Printed as Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3), 61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04, 101.63, 104.01(a)(4), 106.03, 106.06, or 106.15
- Tex. Alco. Bev. Code § 61.42MANDATORY GROUNDS FOR DENIAL: DISTRIBUTOR OR RETAILER.Printed as Section 104.01
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.