Tex. Codes » Alcoholic Beverage Code · TITLE 3. LICENSES AND PERMITS · SUBTITLE A. PERMITS · CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO PERMITS
Texas Codes

Tex. Alco. Bev. Code § 11.37 (2026)

Certification Of Wet Or Dry Status

✓ current as of May 2026
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Sec. 11.37. CERTIFICATION OF WET OR DRY STATUS. (a) Not later than the 30th day after the date a prospective applicant for a permit issued by the commission requests certification, the county clerk of the county in which the request is made shall certify whether the location or address given in the request is in a wet area and whether the sale of alcoholic beverages for which the permit is sought is prohibited by any valid order of the commissioners court.

(b) Not later than the 30th day after the date a prospective applicant for a permit issued by the commission requests certification, the city secretary or clerk of the city in which the request is made shall certify whether the location or address given in the request is in a wet area and whether the sale of alcoholic beverages for which the permit is sought is prohibited by charter or ordinance.

(c) Once a permit is issued, the certification that the location or address is in a wet area may not be changed until after a subsequent local option election to prohibit the sale of alcoholic beverages.

(d) Notwithstanding any other provision of this code, if the county clerk, city secretary, or city clerk certifies that the location or address given in the request is not in a wet area or refuses to issue the certification required by this section, the prospective applicant is entitled to a hearing before the county judge to contest the certification or refusal to certify. The prospective applicant must submit a written request to the county judge for a hearing under this subsection. The county judge shall conduct a hearing required by this subsection not later than the 30th day after the date the county judge receives the written request.

Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 1047, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 297 (H.B. 1959), Sec. 1, eff. September 1, 2011.

Acts 2019, 86th Leg., R.S., Ch. 241 (H.B. 1443), Sec. 1, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 28, eff. September 1, 2019.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1989–2024 · leading case: Sells v. Roose, 769 S.W.2d 641 (Tex. App. 1989).
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Sells v. Roose, 769 S.W.2d 641 (Tex. App. 1989). “The provisions of Tex.Alco. Bev.Code Ann. § 11.37 (1978) imposed upon Sells, as County Clerk, a duty to certify that Roose’s premises were in a “wet” area.”
Texas Alcoholic Beverage Comm'n v. Hancock, 269 S.W.3d 685 (Tex. App. 2008). · cites it 3× “See Tex. Alco. Bev.Code Ann. § 11.37. Hancock contends that once a mixed beverage permit issued for 8585 9th Street, the designation cannot be converted from wet to dry without a local option election.”
Texas Alcoholic Beverage Comm'n v. Walter Roy Hancock D/B/A Capri Club (Tex. App. 2008). · cites it 3× “" Tex. Alco. Bev. Code Ann. § 11.37 (c) (Vernon 2007).”
ASC Beverages, LLC D/B/A the Avo Shopping Co. v. Texas Alcoholic Benerage Comm'n (Tex. App. 2024). “, (codified at TEX. ALCO. BEV. CODE § 11.31(former)). Considering this, some permits were granted by local authorities.”
Sea Mist Council of Owners, a Homeowners Ass'n in South Padre Island, Cameron Cnty., Texas & Michael Boswell, Ray L. Hunt, & Nancy Hunt v. Town of South Padre Island Bd. of Adjustments (Tex. App. 2010). “Tex. Alco. Bev. Code Ann. § 11.37 (Vernon 2007).”
— Tex. Alco. Bev. Code § 11.37(c) — 1 case
Texas Alcoholic Beverage Comm'n v. Hancock, 269 S.W.3d 685 (Tex. App. 2008). “See Tex. Alco. Bev.Code Ann. § 11.37. Hancock contends that once a mixed beverage permit issued for 8585 9th Street, the designation cannot be converted from wet to dry without a local option election.”
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