Tex. Codes » Alcoholic Beverage Code · TITLE 3. LICENSES AND PERMITS · SUBTITLE A. PERMITS · CHAPTER 26. WINE AND MALT BEVERAGE RETAILER'S OFF-PREMISE PERMIT
Texas Codes

Tex. Alco. Bev. Code § 26.01 (2026)

Authorized Activities

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Sec. 26.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine and malt beverage retailer's off-premise permit may sell for off-premises consumption only, in unbroken original containers, but not for resale, wine and malt beverages containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume.

(b) The holder of a wine and malt beverage retailer's off-premise permit may conduct free product samplings of wine and malt beverages containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume on the permit holder's premises during regular business hours as provided by Section 26.08.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 114, eff. September 1, 2021.

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Cadena Comercial USA Corp. v. Texas Alcoholic Beverage Comm'n, 518 S.W.3d 318 (Tex. 2017).
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Cadena Comercial USA Corp. v. Texas Alcoholic Beverage Comm'n, 518 S.W.3d 318 (Tex. 2017). “See Tex. Alco. Bev. Code §§ 26.01, 03. Finally, because the Legislature has not provided specific definitions for many terms, we look to their plain and ordinary meaning, unless a different meaning is apparent from the context of the statute.”
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