Texas Codes
Tex. Alco. Bev. Code § 101.02 (2026)
Arrest Without Warrant
✓ laws through the 89th Legislature (2025)
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Sec. 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 commission. The officer shall take possession of all illicit beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.
Acts 1977, 65th Leg., p. 491, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Notes of Decisions
Cited in 2
cases, 1994–2019 · leading case: Reece v. State, 878 S.W.2d 320 (Tex. App.—Houston [1st Dist.] 1994).
Reece v. State, 878 S.W.2d 320 (Tex. App.—Houston [1st Dist.] 1994). “Appellant argues that because there was conflicting evidence about whether he was consuming alcohol, he was entitled to a jury instruction on probable cause.”
Alton Darrell Brown v. State, No. 04-18-00763-CR (Tex. App.—San Antonio July 24, 2019). “01(b); see also TEX. ALCO. BEV. CODE ANN. § 101.02 (“A peace officer may arrest without a warrant any person he observes violating any provision of this code.”
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