Tex. Alco. Bev. Code § 28.10 · Chapter 28. MIXED BEVERAGE PERMIT
CONSUMPTION RESTRICTED TO PREMISES; EXCEPTIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by this section or Sections 28.01(b), 28.1001, and 28.20, a mixed beverage permittee may not sell an alcoholic beverage to another mixed beverage permittee or to any other person except for consumption on the seller's licensed premises.
(b) A mixed beverage permittee may not permit any person to take any alcoholic beverage purchased on the licensed premises from the premises where sold, except that:
(1) a person who orders wine with food may remove the container of wine from the premises whether the container is opened or unopened;
(2) a mixed beverage permittee who also holds a brewpub license may sell or offer without charge on the premises of the brewpub, to an ultimate consumer for consumption on or off the premises, malt beverages produced by the permittee, in or from a lawful container in an amount that does not exceed one-half barrel, provided that the aggregate amount of malt beverages removed from the premises under this subdivision does not exceed 1,000 barrels annually; and
(3) a person who purchases wine or malt beverages from a holder of a mixed beverage permit selling the beverages under Section 28.20 may remove the beverages from the premises.
(c) A mixed beverage permit holder who holds a food and beverage certificate may designate as part of the permit holder's premises a secured noncontiguous area located on a public sidewalk adjoining the premises if the designation is authorized by city ordinance. The ordinance may specify and limit the areas of the municipality in which this subsection is applicable. Alcoholic beverages may be delivered by an employee of the permit holder to patrons for consumption in the designated sidewalk area.
Notes and commentary — not statutory text
History
Acts 1977, 65th Leg., p. 432, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 2001, 77th Leg., ch. 1274, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 409 (S.B. 952), Sec. 1, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 121, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 23 (H.B. 1755), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 16 (S.B. 926), Sec. 3, eff. May 13, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/AL/htm/AL.28.htm
- Text hash
- sha256 60ce6cb99a22739dfa3278cf5a98bb332302ff0587df5b1d89de9d4f67d41342
- 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.
Alcoholic Beverage Code
- Tex. Alco. Bev. Code § 28.01AUTHORIZED ACTIVITIES.Printed as Sections 28.01(b), 28.1001, and 28.20
- Tex. Alco. Bev. Code § 28.1001PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.Printed as Sections 28.01(b), 28.1001, and 28.20
- Tex. Alco. Bev. Code § 28.20TEMPORARY SALES AT CERTAIN RACING FACILITIES.Printed as Section 28.20 | Sections 28.01(b), 28.1001, and 28.20
Cited by 3 provisions
Provisions in this library whose text cites Tex. Alco. Bev. Code § 28.10. Each shows the citation as that text prints it.
Alcoholic Beverage Code
- Tex. Alco. Bev. Code § 28.101PUBLIC CONSUMPTION.Printed as Section 28.10
- Tex. Alco. Bev. Code § 32.15REMOVAL OF BEVERAGES FROM PREMISES.Printed as Section 28.10(b) or 32.155
- Tex. Alco. Bev. Code § 108.82ALCOHOLIC BEVERAGE CONSUMPTION IN PUBLIC ENTERTAINMENT FACILITIES AND ZONES.Printed as Section 28.10
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.