Tex. Codes » Alcoholic Beverage Code · TITLE 4. REGULATORY AND PENAL PROVISIONS · CHAPTER 105. HOURS OF SALE AND CONSUMPTION
Texas Codes

Tex. Alco. Bev. Code § 105.06 (2026)

Hours Of Consumption

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Sec. 105.06. HOURS OF CONSUMPTION. (a) In this section:

(1) "Extended hours area" means an area subject to the extended hours of sale provided in Section 105.03 or 105.05 of this code.

(2) "Standard hours area" means an area which is not an extended hours area.

(a-1) For the purposes of this section, a licensed or permitted premises is a public place.

(b) Except as provided by Subsection (f), in a standard hours area, a person commits an offense if the person consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 1:15 a.m. and 12 noon or on any other day between 12:15 a.m. and 7 a.m.

(c) Except as provided by Subsection (f), in an extended hours area, a person commits an offense if the person consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 2:15 a.m. and 12 noon and on any other day between 2:15 a.m. and 7 a.m.

(d) Proof that an alcoholic beverage was possessed with intent to consume in violation of this section requires evidence that the person consumed an alcoholic beverage on that day in violation of this section.

(e) An offense under this section is a Class C misdemeanor.

(f) A person who is a registered guest of a hotel may consume or possess alcoholic beverages in the hotel bar, as defined by Section 105.091, at any time.

Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 923, Sec. 3, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 628 (H.B. 2451), Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 23, eff. September 1, 2007.

Acts 2021, 87th Leg., R.S., Ch. 1028 (H.B. 1518), Sec. 5, eff. September 1, 2021.

Notes of Decisions
Cited in 3 cases, 1989–2016 · leading case: Porter v. State, 255 S.W.3d 234 (Tex. App.—Waco 2008).
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Porter v. State, 255 S.W.3d 234 (Tex. App.—Waco 2008). “4 *239 See Tex. Alco. Bev.Code Ann. §§ 105.06(b), 106.”
Lewis v. State, 773 S.W.2d 716 (Tex. App.—Corpus Christi 1989). “The State alleged that appellant committed the following acts under the color of his office that exceeded his official powers: assessed two fines that exceeded the amount permitted under Tex. Alco.Bev.Code Ann. § 105.06 (Vernon 1978); issued six arrest warrants without a…”
Thomas Hearrean v. State, No. 08-13-00338-CR (Tex. App.—El Paso May 25, 2016). “The issue is whether the person’s “will has been overborne and his capacity for self-determination critically impaired” such that his consent to search must have 1 Consumption of alcohol is prohibited at specified times at both standard-hours and extended-hours establishments.”
Tex. Alco. Bev. Code § 105.06(b): 2 cases
Porter v. State, 255 S.W.3d 234 (Tex. App.—Waco 2008). “4 *239 See Tex. Alco. Bev.Code Ann. §§ 105.06(b), 106.”
Thomas Hearrean v. State, No. 08-13-00338-CR (Tex. App.—El Paso May 25, 2016). “The issue is whether the person’s “will has been overborne and his capacity for self-determination critically impaired” such that his consent to search must have 1 Consumption of alcohol is prohibited at specified times at both standard-hours and extended-hours establishments.”
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