Texas Alcohol Laws: Hours, Sunday Sales & Drinking Age

Last verified October 24, 2026 against current Texas law

Texas alcohol laws cover three things most people care about: when you can buy a drink, who can legally drink it, and how much is too much before driving. The rules come from the Texas Alcoholic Beverage Code, enforced by the Texas Alcoholic Beverage Commission (TABC), and from the Penal Code for drunk driving and public drinking. This guide gives the hours for liquor stores, grocery stores and bars, the drinking age and its parent exception, the legal limit, open container rules, and what to do if you get a ticket.

Legal drinking age	21 (Alcoholic Beverage Code § 106.01)
Liquor store hours	Monday to Saturday, 10 a.m. to 9 p.m. Closed Sundays, New Year’s Day, Thanksgiving and Christmas
Beer and wine in stores	Monday to Saturday from 7 a.m. to midnight. Sundays from 10 a.m.
Legal driving limit	0.08 alcohol concentration for adults, any detectable amount for minors
Open container in a car	Class C misdemeanor under Penal Code § 49.031
Main laws	Alcoholic Beverage Code chs. 11, 105, 106, Penal Code ch. 49
Last big change	Senate Bill 650 added ID scanning for most off-premise sales, effective September 1, 2025

What are the Texas alcohol laws on hours of sale?

Texas sets sale hours by type of seller, so the answer depends on whether you are in a liquor store, a grocery store or a bar. The hours below come from Alcoholic Beverage Code §§ 105.01, 105.03 and 105.05.

Where you buy	Monday to Saturday	Sunday
Liquor (package) store	10 a.m. to 9 p.m.	Closed
Beer and wine for take-home	7 a.m. to midnight, with Saturday night sales allowed until 1 a.m.	10 a.m. to midnight (Saturday night sales also run until 1 a.m. early Sunday)
Bar or restaurant (beer, wine, mixed drinks)	7 a.m. to midnight, with Saturday night sales allowed until 1 a.m.	Noon to midnight, or 10 a.m. if you order food
Bar with a late hours certificate	Until 2 a.m.	Until 2 a.m.

Late hours need a retailer late hours certificate. They apply in a city or county of 800,000 or more people (or 500,000 or more under the 2001 census), while smaller places must adopt them by ordinance or county order, so closing time can differ between Houston and a small town.

Drinkers get a short grace period after the cutoff. Alcoholic Beverage Code § 105.06 makes it a Class C misdemeanor to drink in a public place from 12:15 a.m. to 7 a.m., or from 1:15 a.m. to noon on Sunday, in areas with standard hours. In extended-hours areas the quiet period starts at 2:15 a.m. Registered hotel guests are exempt in the hotel bar.

Can you buy alcohol on Sunday in Texas?

Yes, but not liquor. Under Alcoholic Beverage Code § 105.01(a)(2), no one may sell liquor on Sunday, so package stores stay closed. Beer and wine sold by grocery and convenience stores are different: they can be sold from 10 a.m. to midnight on Sunday under §§ 105.04 and 105.05 and TABC’s guidance. Liquor stores and wine-only package stores without a beer license stay closed.

The same section bars liquor sales on New Year’s Day, Thanksgiving and Christmas. When Christmas or New Year’s Day lands on a Sunday, the sales ban also applies the following Monday, on top of the usual Sunday closure.

What is the legal drinking age in Texas?

The legal drinking age in Texas is 21. The code defines a minor as anyone under 21 in Alcoholic Beverage Code § 106.01, and it is a crime for a minor to buy, possess or drink alcohol. Tobacco and vapes use the same age, which we cover in our guide to the legal age to buy cigarettes in Texas.

There is one major exception. A minor may drink or possess alcohol in the visible presence of an adult parent, guardian or spouse, under Alcoholic Beverage Code §§ 106.04 and 106.05. The adult may also give the alcohol to the minor, but only while visibly present, under § 106.06.

The exception is narrow. It lists a parent, guardian or spouse, or an adult to whom a court has committed the minor, not a grandparent, aunt or older sibling. For drinking itself, the code treats it as a defense. A licensed seller still cannot sell to a minor even with a parent present, and commits a Class A misdemeanor under section 106.03 if it does so with criminal negligence.

What are the penalties for Texas alcohol offenses?

Most alcohol tickets are Class C misdemeanors, which typically carry a fine of up to $500 and no jail time. Furnishing alcohol to a minor and selling to a minor are Class A misdemeanors, with up to a year in jail and a $4,000 fine.

Offense	Law	Class
Minor buys, drinks or possesses alcohol	ABC §§ 106.02, 106.04, 106.05	Class C misdemeanor
Minor drives with any detectable alcohol	ABC § 106.041	Class C misdemeanor
Adult gives or buys alcohol for a minor	ABC § 106.06	Class A misdemeanor, state jail felony if the minor seriously injures or kills someone
Selling to a minor with criminal negligence	ABC § 106.03	Class A misdemeanor
Open container in a vehicle	Penal Code § 49.031	Class C misdemeanor
Public intoxication	Penal Code § 49.02	Class C misdemeanor
Drinking in public during closed hours	ABC § 105.06	Class C misdemeanor

A minor convicted of buying, possessing, drinking or lying about age (ABC §§ 106.02, 106.04, 106.05, 106.07), or of public intoxication, faces a 30-day license suspension for a first offense, 60 days for a second and 180 days after two or more priors under § 106.071. Courts must order a first-time offender to complete an alcohol awareness program under § 106.115, and failing to show proof within 90 days leads to a court-ordered suspension of up to six months. Minors with two prior convictions can face up to 180 days in jail instead of a plain Class C fine.

What is the legal alcohol limit in Texas for driving?

The legal limit in Texas is 0.08 alcohol concentration for adults. Under Penal Code § 49.01, you are also intoxicated if alcohol takes away the normal use of your mental or physical faculties, so you can be charged below 0.08.

Minors face a much lower bar. Any detectable amount of alcohol while driving a motor vehicle in a public place is an offense under Alcoholic Beverage Code § 106.041.

Charge	Penalty
DWI, first offense (Penal Code § 49.04)	Class B misdemeanor with at least 72 hours in jail
DWI with an open container in your immediate possession	Class B misdemeanor with at least 6 days in jail
DWI at 0.15 or higher	Class A misdemeanor
DWI with a passenger under 15 (§ 49.045)	State jail felony

A DWI conviction under Transportation Code § 521.344 suspends your license for 90 days to one year. If you refuse a breath or blood test, DPS can suspend it for 180 days under Transportation Code § 724.035, or two years with an alcohol-related contact in the previous 10 years. You have 15 days after notice to request a hearing, so act fast. Alcohol is not the only substance that counts, and our Texas driving and vehicle guides explain how DWI works in practice.

Is it illegal to drink in public or have an open container in Texas?

Yes in a car, and partly elsewhere. A person commits an offense by knowingly possessing an open container in the passenger area of a motor vehicle on a public highway, under Penal Code § 49.031. Passengers can be cited too, not just the driver.

An open container is any container with a broken seal or less than a full amount. Keep it in the trunk or a locked glove compartment. Passengers in buses, taxis and limousines are exempt.

Outside a vehicle, the rules are more local:

• Near schools: Carrying an open container or drinking on a public street, alley or sidewalk within 1,000 feet of a school is a Class C misdemeanor under Alcoholic Beverage Code § 101.75.
• Downtown districts: A city may ban open containers and public drinking in its central business district under Alcoholic Beverage Code § 109.35.
• Public intoxication: Appearing in a public place so intoxicated that you may endanger yourself or others is a Class C misdemeanor under Penal Code § 49.02.

Is moonshine legal in Texas?

Buying moonshine from a licensed distillery is legal, but making your own is not. Alcoholic Beverage Code § 11.01 says no one without a permit may manufacture or distill liquor in a wet area, and § 14.01 gives that right to holders of a distiller’s and rectifier’s permit. Federal law also has its own permit rules for distilling spirits.

Is Everclear legal in Texas?

Yes for adults 21 and older, as far as the code shows. We found no maximum proof in the Alcoholic Beverage Code or in TABC’s published guidance, so high-proof spirits are not banned if a licensed store stocks them. Stock varies by store, and liquor store hours and the 21-and-older rule apply.

What is the legal age to serve or sell alcohol in Texas?

Bars and restaurants must keep anyone under 18 away from selling, preparing, serving or handling alcohol, according to TABC. Liquor (package) stores are stricter: everyone working on the premises, and anyone delivering alcohol off the premises, must be 21 or older, with narrow exceptions.

Sellers also must check ID. Since September 1, 2025, sellers of alcohol for off-premises consumption must visually inspect and scan, or manually enter, the buyer’s ID under Alcoholic Beverage Code § 109.61 (Senate Bill 650). Restaurants, bars, wineries, distilleries, breweries and some delivery and curbside sales are exempt, and it is a defense if the scanner cannot connect to the internet or the buyer is 40 or older. An individual seller who breaks the rule commits a Class A misdemeanor, while TABC will not discipline businesses for sales before September 1, 2027. A seller who sells to a minor with criminal negligence can also be charged unless the buyer showed an apparently valid government ID that fits their appearance.

Real situations: how Texas alcohol laws play out

You run to the grocery store at 10:30 a.m. on Sunday

Beer and wine are available, since off-premise sales start at 10 a.m. Liquor is not, so a bottle of vodka has to wait until Monday at 10 a.m.

Your 19-year-old son has wine with dinner at home

If you are his parent and you are visibly present, Texas law allows it. If his grandfather pours the same glass instead, the exception does not apply, and the grandfather risks a Class A misdemeanor under section 106.06.

You are pulled over with an open six-pack on the back seat

An open can in the passenger area is a Class C misdemeanor, even if you are sober. Unopened cans are not a violation under section 49.031.

Myths vs. facts about Texas alcohol laws

Myth	Fact
“Liquor stores are open Sunday afternoon.”	Liquor stores are closed all day Sunday. Beer and wine at grocery and convenience stores are the ones you can buy.
“Any family member can give a minor a drink.”	Only a parent, guardian or spouse, and only while visibly present.
“You are fine to drive if you are under 0.08.”	You can still be charged if alcohol impairs your normal faculties.

What to do if you get an alcohol ticket in Texas

For a Class C ticket, appear in court on or before the date on the citation. If you are under 21, expect an alcohol awareness class and a license suspension notice.

For a DWI arrest, the clock starts immediately: you have 15 days after notice to request an administrative hearing on your license suspension. Talk to a Texas-licensed attorney before that deadline passes. Our guide to the Texas THC ban and our marijuana law guide cover impairment from other substances, and our cannabis, THC and substances hub links the rest.

Frequently asked questions

What is the legal limit for alcohol in Texas?

The legal limit for adults driving in Texas is 0.08 alcohol concentration under Penal Code § 49.01. You can also be arrested below 0.08 if alcohol impairs your normal use of mental or physical faculties. Drivers under 21 are held to a much stricter standard: any detectable amount of alcohol while driving is an offense.

What is the legal drinking age in Texas with parents?

The legal drinking age is 21, but a minor may drink or possess alcohol in the visible presence of an adult parent, guardian or spouse. The adult may also give the drink to the minor while visibly present. The exception does not cover other relatives, and a licensed bar or store cannot sell to a minor even if a parent is present.

Why are liquor stores closed on Sunday in Texas?

Alcoholic Beverage Code § 105.01 bars liquor sales on Sunday, New Year’s Day, Thanksgiving and Christmas. When Christmas or New Year’s Day falls on a Sunday, the ban also applies the following Monday. Beer and wine at grocery and convenience stores can be sold on Sunday starting at 10 a.m. for take-home purchases.

Is moonshine illegal in Texas?

Making moonshine without a permit is illegal. Texas requires a permit to distill liquor, and federal law adds its own permit rules. Moonshine made and sold by a licensed distillery is legal for adults 21 and older to buy during liquor sale hours. In dry areas, distilling is a Class B misdemeanor under Alcoholic Beverage Code § 101.31.

Can an 18-year-old drink in Texas if married?

Not on their own. The drinking age is still 21, but the code lets a minor drink or possess alcohol in the visible presence of an adult spouse under Alcoholic Beverage Code §§ 106.04 and 106.05. The spouse must be an adult and must be visibly present, and a bar or store still cannot sell alcohol to anyone under 21.

If this affects you: if you were arrested for DWI, speak with a Texas-licensed criminal defense attorney right away, because the window to contest a license suspension is short. If a minor in your family has been ticketed, ask the court about the alcohol awareness program deadline. This guide is general legal information, not advice for your situation. Read how we research every guide in our editorial policy, or report an error.