Texas has some old liquor laws that are just plain weird. If you’ve lived here a while, you’ve probably already encountered them. If you just moved to Texas, welcome! I hope you enjoy the BBQ and the free chips and salsa. Also, please stop honking your car horn at red lights. We don’t do that here.
Anyway, we’ve put together this little primer to help tackle the unique challenge of getting a drink in Texas. From the kinda sensible to the totally dumb, we’ve rounded up many of Texas’s booze-related laws.
Please note that at The Wine Fairy blog, we are not lawyers–merely advanced Googlers. You should enjoy this post as fun Texas trivia and not take it as legal advice.
How much of Texas is dry?
A “dry” area is a jurisdiction where alcohol sales are entirely prohibited. When Prohibition ended at the federal level in 1933, many spots around the country elected not to repeal their alcohol bans. That’s how dry counties can still exist to this day.
As of 2025, only 4 dry counties remain in Texas, all in extremely rural areas. They are: Throckmorton (a small community west of Fort Worth), Roberts (up in the panhandle near Oklahoma), Borden and Kent counties (both southeast of Lubbock). The total population of Texas’s 4 dry counties is estimated to be around 2,705 people.
In Texas, 55 counties are completely “wet”–meaning alcohol sales aren’t restricted by local law anywhere in the county. Establishments in wet counties still have to follow state laws, such as closing the liquor stores on Sunday.
It might surprise you that the majority of Texans live in an area that’s classified as “partially dry,” “semi-dry,” or “moist.” (“Moist” doesn’t appear in the state’s beverage code, but it’s a funnier word than “partially dry” so I’m going to use it!) These are places that have some dry laws on the books.
As of this writing, 195 of Texas’s 254 counties are moist. Moist counties exist in and surround all the major urban population centers of Dallas, Houston, Austin, and San Antonio. It’s one of the reasons that Texas has a reputation for complicated liquor laws.
Each of Texas’s 195 moist counties allows some alcohol sales but not others. For example, an otherwise wet county could have dry cities within its borders. Or the other way around. Or the county might allow beer and wine sales but not liquor. Or only beer. There are two Texas counties–Irion and Mason–that ban the sale of beverages over 4% alcohol. All of these areas would fall under the broad label of “partially dry.”
Texas has become much wetter since the 1980s, as city and county governments’ desire for tax revenues outweigh their prohibitionist urges. Dry areas are going away, and moist areas are getting damper.
A case in point is my hometown of Mesquite, Texas (a suburb located in Dallas County). As a moist county, Dallas County generally allows beer, wine, and liquor sales. But when I lived there, Mesquite had a city ordinance prohibiting any packaged alcohol from being sold. You could order a drink at some restaurants. But…liquor licenses couldn’t be issued to restaurants that were too close to schools and churches. And schools and churches were freakin’ everywhere.
Originated by the godly city founders (snerk), the law caused all kinds of problems for Mesquite. Large grocery stores–and even smaller retailers like gas stations–didn’t want to operate in the city because alcohol is such a profitable category for them. Eventually the city lost many of its food stores to attrition, creating food deserts.
The “dry city” woes didn’t stop there. On weekends and holidays, the roads would be full of people driving to nearby Dallas or Garland to get more beer from the “beverage barns” set up just past the city limit signs. Nearby cities gladly gobbled up the tax revenue from Mesquite’s thirsty residents. And predictably, the few restaurants that did have liquor licenses were notorious for alcohol-related bad behavior. People would get absolutely blasted at the Bennigan’s because they didn’t have any B&J wine coolers in the fridge at home.
By 2011, Mesquitians were sick of it. Residents voted to allow beer and wine sales by a popular ballot initiative. The conservative city council grumbled and reacted by immediately banning drive-through beer stores. (Not that anyone needed those anymore, once they could just buy their beer at Kroger.)
Can you buy wine on Sundays in Texas?
Yes, between the hours of 10 AM and midnight. Early risers take note–no retail beer or wine sales are permitted on Sunday before 10 AM. This is a statewide law that even fully wet counties have to obey.
Previously, the law didn’t allow beer/wine sales on Sunday before noon. It was amended in 2021. So now you have time to pick up a six-pack before you head to the megachurch, if you’re so inclined.
Why the change? Again, money. The amendment was basically a compromise with Texas’s multibillion-dollar grocery industry, which enjoyed a surge of goodwill for keeping us all fed during the pandemic. In Texas, grocery stores (specifically H-E-B, but also Walmart, Costco, Kroger, and Albertson’s) are among the state’s largest retailers of wine and beer. Sunday morning has traditionally been one of the busiest times for grocery shopping, and the old law was a pain in the ass for stores.
The new law is slightly less burdensome. Still, you will see many stores that rope off their wine sections on Sunday morning or modify their point-of-sale systems to automatically block alcohol sales.
Can you buy liquor on Sundays in Texas?
No way, José. In Texas, retail sales of liquor are prohibited on Sundays. Liquor sales are allowed six days of the week, Monday through Saturday. But they end earlier than beer and wine sales–at 9 PM daily, as opposed to midnight.
Any fans of Port, Sherry, or MD 20/20’s Red Grape flavor who are reading this? You’re also out of luck on the Lord’s Day. Any wine over 17%–“vinous liquor,” the state calls it–is treated like distilled spirits for the purpose of Sunday sales.
In addition, Texas law prohibits liquor sales on New Year’s Day, Christmas Day, and Thanksgiving. Easter Sunday is treated like any other Sunday and the liquor stores are closed. Election Day is just a regular Tuesday–that is, you’re allowed to buy as much booze as you want before going to the polls.
Sometimes, Texas’s many liquor laws collide in dumb and inconvenient ways. The most notorious occurrence was in 2023, when New Year’s Eve happened to fall on a Sunday and the liquor stores were closed for 61 consecutive hours over New Year’s weekend.
But wait, there’s more: The state dictates any store that displays liquor in any part of the building must also close on Sundays. This includes large retailers like Total Wine and Spec’s. Costco gets around this Texas law by building a completely separate structure for their liquor department and limiting the main store building to beer and wine.
The Texas liquor biz must hate all these stupid laws, right? Actually, no. In general–and despite what you might expect–Texas’s largest liquor store association has come out in support of the Sunday blue law. They don’t feel the ban significantly harms their revenue. The demand for their products is bottomless, they don’t have to compete with the big grocery chains (who can only sell beer and wine), and being closed on Sundays allows them to reduce their operating costs.
The no-liquor-on-Sundays law only applies to sales of liquor in bottles, from what the state calls “package stores.” On Sundays, you can still buy liquor-based mixed drinks and shots at restaurants/bars during permitted hours.
What time can you order drinks at a bar in Texas?
In Texas, bars can legally sell alcohol starting at 7 AM Monday through Saturday. On Sunday, drink sales can begin at 10 AM only if the drink is served with food. (Otherwise, you still have to wait until noon on Sundays.)
Bars in other parts of the country will give you some popcorn or a piece of toast to satisfy the food requirement–but in Dallas, that’s rare. It’s a $15 plate of nachos, or no Sunday morning mimosa for you.
Drinks sales generally end at midnight on weekdays and 1 AM Saturday night/Sunday morning. However, establishments located in a “late hours” area can stay open and sell drinks until 2 AM if they possess a late hours permit. There are many such establishments in DFW, Austin, Houston, San Antonio, and the Bryan/College Station area.
For the safety of patrons and at their own discretion, bars can choose to end alcohol service early. For example, a bar that closes at 2 AM might announce last call at 1:15 to give drinkers time to pay their tab and find a safe ride.
After-hours clubs do exist in Texas, but they must not serve alcohol after 2 AM. If they have a liquor license, they generally have to kick out everyone at 2 AM for re-admission after the bar has locked away all the drinks. These places are mostly seedy dance-party spots and BYOB strip joints.
Are there exceptions for hotels?
Yes, House Bill 1518 states that hotel bars in Texas are allowed to sell alcohol at any time of day to a registered guest. That’s provided the hotel has an on-premises liquor license and the recipient of the beverage is 21+.
It’s uncommon to find a hotel bar that’s open after-hours–but some will exercise the option for high-rolling and VIP guests.
What’s the deal with private clubs?
Some Texas watering holes are classified as private clubs, meaning you have to have a “free membership” to drink there. It’s actually quite a bit more complicated than that, but the details are super boring. Basically, the private club is a loophole that allows de-facto bars to operate in areas where running a bar is against a zoning law or local ordinance.
Private clubs are only allowed to serve alcohol to members, and they must keep paper or digital records of their membership roster for years in case the Texas Alcoholic Beverage Commission comes a-knockin’.
What does this mean for you, the person who just wants a pint? Usually, the host or bouncer will scan your ID and collect a signature. Then hooray, you’re in the bar! I mean the private club.
Private clubs used to be everywhere in Dallas, creating a nightmare headache for proprietors and regulators alike. Owners often had to pay third-party companies like Unicard to maintain their membership records. They also had to pay big fines if any staff slipped up. As alcohol laws gradually relax around the state, the private-club rigmarole is becoming blessedly uncommon.
Is to-go alcohol legal in Texas?
Yes, takeaway beer, wine, and mixed drinks were made temporarily legal during the pandemic to offer a lifeline to struggling restaurants. Texans enjoyed their to-go booze so much that the legislature decided to make the change permanent in May 2021.
Previously, wine-based daiquiris “to go” could be found in some areas of Dallas and Houston. But these shops operated in a legal gray area of Texas law, trying to pass off a mixed drink as a packaged wine sale. Bars and restaurants were strictly prohibited from letting alcoholic beverages leave the premises. (The sole exception was an unfinished bottle of wine that a diner had purchased with a meal.)
Thus, the forbidden allure of the to-go daiquiri. Our pals from Louisiana always said that it’s not an open container unless the straw is in the daq…but nobody knew for sure if that was true or not. It felt almost like superstition: A strip of Scotch tape, a piece of paper straw wrapper, and (sometimes) a plastic bag was supposed to be enough to keep the po-pos away.
During the pandemic–and after lobbying by the restaurant industry–House Bill 1024 was signed into law. It removed the fog of confusion surrounding to-go drinks. Now, it’s permanently legal for restaurants and bars to sell beer, wine, and mixed drinks on pickup and delivery orders.
The change has largely been viewed as a success. The National Restaurant News reports that to-go alcohol has been a boon for restaurants, who have seen their revenues grow when takeout customers have the option of adding alcohol. Advocates of the law say it helps reduce drunk driving by encouraging people to drink at home or to get their booze delivered.
A pair of requirements for to-go drinks in Texas: They must either be sealed by the manufacturer, or sealed by the restaurant with a tamper-proof seal and a label indicating that it contains an alcoholic beverage. If either seal is broken, it could be an open-container or public consumption violation. (So wait till you’re home from Olive Garden to start sipping Moscato straight from the bottle.)
Is it legal to give away free alcoholic drinks in Texas?
Theoretically, yes. You can give away free alcoholic drinks in Texas without a liquor license.
However, Texas’s definition of free drink is quite strict. You have to make the drink available to any legal adult who wants one. And it has to be actually free–no purchase requirement and no expectation of payment or tip.
An example of a legally permitted free drink would be a boutique that serves a glass of Champagne to customers who come in to browse. The popular salon promotion “free mimosa with a manicure” and the frat-party classic “free beer if you buy a cup” are examples of alcohol giveaways that don’t meet Texas’s definition of a free drink.
Just because you’re allowed to give away booze at your event or place of business doesn’t mean it’s always a wise idea. Texas has “social host liability laws”–they are distinct and separate from the “dram shop laws” that apply to bars and restaurants.
Even if you’re not selling drinks, you can be charged with a crime if minors get their hands on alcohol that you provided. You could also be held legally responsible if someone is over-served and commits a crime or causes injury to themselves or others while intoxicated.
There are many occasions–weddings are an example–where a host might be legally allowed to give away alcohol and still prefer to hire a vendor with a liquor license. There’s less personal risk when the drinks are poured by a trained and licensed server.
Can Texas wineries sell wine?
Yes, Texas businesses that hold a Winery Permit are allowed to sell wine directly to customers. This includes wine by the glass and bottle for on-premise consumption, and to-go sales of unopened bottles.
Note that businesses with a Winery Permit are not limited to selling and pouring the wines that they make. They can sell any other wines legally purchased from a distributor, including wines that aren’t made from Texas grapes.
This aspect of the Winery Permit is very controversial within the Texas wine biz. Theoretically, it’s meant to help wineries. Texas wines can be costly to produce–especially on a small scale–and subject to extreme weather conditions in the spring and summer. The law allows wineries to sell non-estate and non-Texas wine, which can help them eke out a profit if they have a bad vintage or can’t keep up with demand.
However, some Texas wine lovers feel that it’s ambiguous and maybe a little dishonest for wineries to sell so much purchased wine. The definition of “winery” has become stretched and includes tasting rooms that may not make significant amounts of wine or have any acreage under vine. The Texas Wine Growers trade association has suggested a new permit type, the Farm Winery Permit. The proposed permit would only be available to wineries making their own wines from 100% Texas grapes.
How late can wineries stay open in Texas?
At wineries, wine sales must end at midnight. The exception is New Year’s Eve, when wineries are allowed to extend sales to 2 AM on New Year’s Day to accommodate late-night parties.
Realistically, most wine-producing sites in Texas close well before midnight. They tend to be located in rural (or exurban) areas and have limited tasting-room staff. It’s more common to find Texas wineries that open at 1-3 PM and close around sundown.
Can wineries in Texas give out free samples?
Yes. Holders of the Winery Permit in Texas have broad permission to pour samples and give tours (either for free or for a charge).
Can beer/wine and liquor stores offer tastings?
Yes. Stores that do not have on-premise serving license may pour samples, subject to a lot of restrictions. In addition to their retail sales permit, state and local tasting permits may be required.
Basically, Texas doesn’t want stores to be able to operate as unlicensed bars. Therefore, they aren’t allowed to advertise tastings in most types of media or to classify any part of their revenue as “on-premise consumption.” They must also limit the quantities of alcohol poured for each sample. The limits are 1 ounce for wine, 1 ounce for beer, and 1/2 ounce for distilled spirits.
Unlike wineries, beer/wine stores without an on-premise license are not allowed to charge for tastings. They can charge for classes that include tastings. (See: Total Wine.)
What is the drinking age in Texas?
You must be 21 to possess or drink alcohol in Texas, just like the rest of the country. The penalties for drinking underage or providing alcohol to a minor are steep.
There are a very few exceptions to the 21+ law: If you’re drinking “within sight” of a parent or adult spouse, if the beverage is part of an educational course (such as alcohol awareness or culinary school), or if you’re an underage person assisting a law enforcement officer with an undercover alcohol purchase.
Can minors be in a bar or liquor store in Texas?
Minors (under 21) are legally allowed to be in a bar, as long as they are not drinking or possessing alcohol. Still, bars have the right adopt a “house rule” restricting minors from entering if they so choose.
Minors can generally enter a beer/wine store in Texas, since most of these places also sell food and general merchandise. Minors aren’t permitted in liquor stores except when accompanied by a parent, legal guardian, or adult spouse.
Can minors drink at Texas wineries if their parents are present?
Under state law, yes. However, establishments are allowed to adopt rules that are more strict than the state’s. That means they don’t have to let minors drink with their parents, go on a winery tour, or be present in the tasting room–but they can. The same is theoretically true of Texas bars, but almost no bar would be willing to take such a risk.
You will find some Texas wineries (and breweries) that allow minors to participate in sampling with their families. The pourer will hand the samples to the parent to give to the minor if they so choose. (This was the norm when I used to tour wineries in the Hill Country with my parents.)
Some wineries are more kid-friendly than others. If you want your teen or 20-year-old to get a wine education, check with the winery about their tour and tasting policies.
Can auto passengers drink in Texas?
Nope. Unsealed containers of alcohol are not allowed in the passenger compartment of an occupied vehicle at all. That goes for thermoses, growlers, re-corked bottles–anything that’s not factory- or restaurant-sealed.
It does not matter if the driver or passenger has been drinking or not. It doesn’t matter if the car is parked. It doesn’t even matter if the car is parked on private property, if that property is visible to law enforcement and accessible by roadway.
For a first offense, it’s a $500 fine and a Class C Misdemeanor on your record. The consequences are similar to a traffic ticket. You can’t be arrested for an open container violation in Texas–unless you’ve also committed another, arrestable offense–but it will make your crazy Texas car insurance rates even crazier.
To be safe, open containers need to be in the trunk. Or, if your vehicle doesn’t have a trunk, stow them behind the last upright passenger seat (Texas’s “Jeep law”).
Exception: Vehicle passengers can drink in Texas if they are riding in a professionally driven conveyance. (Texas law calls them “commuter vehicles.”) They include tour buses, taxis, limos, party vans and even Ubers. Yet another good reason to hire a driver to conduct your wine or beer tour of Texas.
Is it true that liquor stores were classified as essential businesses in Texas?
Yes. In March of 2020 Texas Governor Greg Abbott issued an executive order with a list of businesses that were going to stay open throughout the Covid-19 pandemic. They included pawn shops, law offices, and liquor stores. It raised some eyebrows–but this time, Abbott was not only protecting the business interests of his cronies but also acting in the interest of public health.
You see, in rural areas without a real grocery store or even a Family Dollar, liquor stores sell food and other essentials to people who may have limited shopping options nearby. During the pandemic, the big-city liquor stores also loaded up on bottled water, snacks, and sanitizers to prove their usefulness.
As for the liquor business, they were very concerned for the well-being of Texans who are chemically dependent on alcohol. Liquor stores cited health experts who note that alcohol addiction is common in our society and withdrawal can be painful or dangerous. For all of these reasons it was decided that to close the liquor stores could be destructive to Texans’ health and safety.
Can you drink outdoors in Texas?
It depends on where you are. Texas has no statewide ban against drinking in public. Exceptions: You can’t have an open container within 1000 feet of a public or private school. The state also restricts the hours when you can drink in a public place: You cannot drink in public in the wee hours of the morning or before noon on Sundays.
That covers the state laws. However, city ordinances frequently prohibit drinking in outdoor places. Texas law gives local entities broad authority to restrict public alcohol consumption wherever they feel it is a nuisance or a danger. It’s common for cities to ban drinking in central business districts and near drug/alcohol treatment centers and homeless shelters.
Campers, take note: Alcohol is against the law in all Texas state parks and all national parks located in Texas. You cannot drink it, sell/purchase it, or even display it. All outdoor areas at the park are considered public–even rented campsites–and park rangers are very serious about enforcement. So drink in your tent/camper…or take your chances with a discreet tumbler. (Not that we’re advocating that–we would never do such a thing.)
How about city parks? Not usually. Dallas, Houston, Austin and San Antonio all prohibit alcohol in municipal parks, except under very limited circumstances like city-approved festivals.
Most cities have open container laws that effectively ban drinking except in private or at a licensed bar/restaurant. Enforcement can be strict or lax. Encounter a cop who’s not amused by your tall boy of Pabst, and it’s possible you’ll get a local fine. Public intoxication is a statewide offense and the legal definition is dangerously subjective. So act drunk and disorderly and you could wind up with a twofer.
Bummer, right? What’s a sun-worshiping wino to do?
There are a few places in Texas where you can stroll and sip without running afoul of the law. In downtown Fredericksburg’s winery district, drinking wine and beer while you shop is legal and encouraged. (But not liquor.) Entertainment areas like Austin’s 6th Street and Grapevine’s Main Street often block off the roads for festivals with wine, beer, and cocktail vendors. You can also drink alcohol (from non-disposable containers only) while tubing on the Comal and Guadalupe Rivers. If all else fails, check out one of Texas’s many friendly patios and rooftop bars.
In case you missed the disclaimer at the top of the page, this post is not legal advice. You’re responsible for keeping your own damn self out of trouble while drinking in Texas (or consulting a lawyer if necessary.) Thanks for reading–and cheers, y’all!
Further reading:
Texas Alcoholic Beverage Commission: FAQs
vinotourist: Wine in Texas State Parks: Discretion Required
National Restaurant News: Alcohol to-go is here to stay
Liquor.com: 7 Places You Can Legally Drink on the Street in the U.S.
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