Tex. Alcoh. Bev. Code Section 109.32
Municipal and County Regulation of Malt Beverages

(a)

An incorporated city or town by charter or ordinance may:

(1)

prohibit the sale of malt beverages in a residential area; and

(2)

regulate the sale of malt beverages and prescribe the hours when malt beverages may be sold, except the city or town may not permit the sale of malt beverages when the sale of malt beverages is prohibited by this code.

(b)

In a county that has only one incorporated city or town that has a majority of the population of the county, according to the most recent federal census, and where the city or town has shortened the hours of sale for malt beverages on Sundays by a valid charter amendment or ordinance before January 1, 1957, the commissioners court may enter an order prohibiting the sale of malt beverages on Sundays during the hours the sale of malt beverages is prohibited in the city or town. The order may apply to all or part of the area of the county located outside the city or town. The commissioners court may not adopt the order unless it first publishes notice for four consecutive weeks in a newspaper of general circulation in the county published in the county or a nearby county.

(c)

In exercising the authority granted by this section, the city, town, or county may distinguish between retailers selling malt beverages for on-premises consumption and retailers, brewers, or distributors who do not sell malt beverages for on-premises consumption.
Acts 1977, 65th Leg., p. 525, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 355, eff. September 1, 2021.

Source: Section 109.32 — Municipal and County Regulation of Malt Beverages, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­109.­htm#109.­32 (accessed Apr. 29, 2024).

109.01
Sale of Salvaged or Insured Loss 109.02
Registration of Beverages with Commission 109.03
Prerequisite to Salability 109.04
Sale of Malt Beverages: Procedure 109.05
Sale of Liquor: Procedure 109.06
Purchaser’s Right to Use Beverages 109.07
Salvor May Reject Bid 109.08
Exclusion 109.09
Removal, Destruction, and Disposal of Uninsured Beverages Unfit for Consumption 109.21
Home Production of Wine or Malt Beverages 109.22
Delivery of Home-produced Wine or Malt Beverages for Certain Purposes 109.31
Municipal Regulation of Liquor 109.32
Municipal and County Regulation of Malt Beverages 109.33
Sales near School, Church, or Hospital 109.35
Orders for Prohibition on Consumption 109.36
Consumption of Alcoholic Beverages near Homeless Shelter or Substance Abuse Treatment Center 109.51
Sacramental Wine 109.52
Warehouse Receipts 109.53
Citizenship of Permittee 109.54
Festivals and Civic Celebrations 109.55
Certificate 109.56
Conviction of Offense Relating to Discrimination 109.57
Application of Code 109.58
Relaxation of Restrictions as to Charitable Events 109.59
Application of Distance Requirements 109.60
Purchases by Certain Permitees 109.61
Use of Certain Electronically Readable Information 109.62
Temporary Relocation of Distributor or Wholesaler During Emergency 109.63
Bulk Transfers Between Certain Permittees and Licensees 109.64
Bulk Purchase for Industrial Use 109.331
Sales near Day-care Center or Child-care Facility 109.531
Additional Requirements for Application or Renewal of Permit, License, or Certificate by Out-of-state Residents 109.532
Criminal History Background Checks 109.541
Tastings at Certain Festivals and Civic Celebrations
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 109.32’s source at texas​.gov