Tex. Codes » Alcoholic Beverage Code · TITLE 3. LICENSES AND PERMITS · SUBTITLE A. PERMITS · CHAPTER 22. PACKAGE STORE PERMIT
Texas Codes

Tex. Alco. Bev. Code § 22.16 (2026)

Ownership By Public Corporations Prohibited

✓ current as of May 2026
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Sec. 22.16. OWNERSHIP BY PUBLIC CORPORATIONS PROHIBITED. (a) A package store permit may not be owned or held by a public corporation, or by any entity which is directly or indirectly owned or controlled, in whole or in part, by a public corporation, or by any entity which would hold the package store permit for the benefit of a public corporation.

(b) For purposes of this section, a public corporation means:

(1) any corporation or other legal entity whose shares or other evidence of ownership are listed on a public stock exchange; or

(2) any corporation or other legal entity in which more than 35 persons hold an ownership interest in the entity.

(c) Before the commission may renew a package store permit, an individual who is an owner or officer of the permittee must file with the commission a sworn affidavit stating that the permittee fully complies with the requirements of this section.

(d) This section shall not apply to a package store located in a hotel.

(e) Any package store permittee who is injured in his business or property by another package store permittee or by any other person by reason of anything prohibited in this section may institute suit in any district court in the county where the violation is alleged to have occurred to require enforcement by injunctive procedures and to recover triple damages plus costs of suit including reasonable attorney's fees.

(f) This section shall not apply to a corporation:

(1) which was a public corporation as defined by this section on April 28, 1995; and

(2) which holds a package store permit on April 28, 1995, or which has an application pending for a package store permit on April 28, 1995; and

(3) which has provided to the commission on or before December 31, 1995, a sworn affidavit stating that such corporation satisfies the requirements of Subdivisions (1) and (2).

Added by Acts 1995, 74th Leg., ch. 480, Sec. 2, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2017–2022 · leading case: Cadena Comercial USA Corp. D/B/A Oxxo v. Texas Alcoholic Beverage Comm'n, 518 S.W.3d 318 (Tex. 2017).
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Cadena Comercial USA Corp. D/B/A Oxxo v. Texas Alcoholic Beverage Comm'n, 518 S.W.3d 318 (Tex. 2017). “Tex. Alco. Bev. Code § 22.16. Another example: the five-permit cap on liquor store ownership.”
Gabriel Invst v. Texas Alcoholic, 24 F.4th 503 (5th Cir. 2022). · cites it 4× “6 Tex. Alco. Bev. Code § 22.16(a). 7 Id. § 22.”
Wal-Mart Stores, Inc. v. Tex. Alcoholic Beverage Comm'n, 313 F. Supp. 3d 751 (W.D. Tex. 2018). · cites it 2× “Tex. Alco. Bev. Code § 22.16(a). A public corporation is defined as a corporation "whose shares .”
Gabriel Inv. Grp., Inc. v. Texas Alcoholic Beverage Comm'n (Tex. 2022). · cites it 2× “TEX. ALCO. BEV. CODE § 22.16(a). At the same time, the Legislature exempted from this prohibition any public corporation that, as of April 1995, already had permits or had permit applications pending.”
Gabriel Inv. Grp., Inc. v. Texas Alcoholic Beverage Comm'n (Bankr. W.D. Tex. 2020). · cites it 2× “” TEX. ALCO. BEV. CODE § 22.16(a) (emphasis added).”
Gabriel Inv. Grp., Inc. v. Texas Alcoholic Beverage Comm'n (W.D. Tex. 2021). “” TEX. ALCO. BEV. CODE § 22.16(a) (emphasis added).”
— Tex. Alco. Bev. Code § 22.16(a) — 5 cases
Gabriel Invst v. Texas Alcoholic, 24 F.4th 503 (5th Cir. 2022). “6 Tex. Alco. Bev. Code § 22.16(a). 7 Id. § 22.”
Wal-Mart Stores, Inc. v. Tex. Alcoholic Beverage Comm'n, 313 F. Supp. 3d 751 (W.D. Tex. 2018). “Tex. Alco. Bev. Code § 22.16(a). A public corporation is defined as a corporation "whose shares .”
Gabriel Inv. Grp., Inc. v. Texas Alcoholic Beverage Comm'n (Tex. 2022). “TEX. ALCO. BEV. CODE § 22.16(a). At the same time, the Legislature exempted from this prohibition any public corporation that, as of April 1995, already had permits or had permit applications pending.”
Gabriel Inv. Grp., Inc. v. Texas Alcoholic Beverage Comm'n (Bankr. W.D. Tex. 2020). “” TEX. ALCO. BEV. CODE § 22.16(a) (emphasis added).”
Gabriel Inv. Grp., Inc. v. Texas Alcoholic Beverage Comm'n (W.D. Tex. 2021). “” TEX. ALCO. BEV. CODE § 22.16(a) (emphasis added).”
— Tex. Alco. Bev. Code § 22.16(d) — 1 case
Gabriel Invst v. Texas Alcoholic, 24 F.4th 503 (5th Cir. 2022). “6 Tex. Alco. Bev. Code § 22.16(a). 7 Id. § 22.”
— Tex. Alco. Bev. Code § 22.16(f) — 4 cases
Gabriel Invst v. Texas Alcoholic, 24 F.4th 503 (5th Cir. 2022). “6 Tex. Alco. Bev. Code § 22.16(a). 7 Id. § 22.”
Wal-Mart Stores, Inc. v. Tex. Alcoholic Beverage Comm'n, 313 F. Supp. 3d 751 (W.D. Tex. 2018). “Tex. Alco. Bev. Code § 22.16(a). A public corporation is defined as a corporation "whose shares .”
Gabriel Inv. Grp., Inc. v. Texas Alcoholic Beverage Comm'n (Tex. 2022). “TEX. ALCO. BEV. CODE § 22.16(a). At the same time, the Legislature exempted from this prohibition any public corporation that, as of April 1995, already had permits or had permit applications pending.”
Gabriel Inv. Grp., Inc. v. Texas Alcoholic Beverage Comm'n (Bankr. W.D. Tex. 2020). “” TEX. ALCO. BEV. CODE § 22.16(a) (emphasis added).”
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