The caption pitches an offense about public consumption, but the text labels any unlicensed or unpermitted premises a public place. Read literally, that can reach private places that hold no alcohol license, such as homes, which goes beyond ordinary public drinking.
Unlicensed means public. Read literally, that can reach your home after hours.
The bill widens the existing offense of drinking alcohol in a public place during restricted hours by declaring that unlicensed and unpermitted premises also count as a public place. That reaches people drinking after hours at places with no alcohol license or permit, not just licensed bars and permitted venues. Starting September 1, 2025, police can enforce the after-hours drinking offense at those unlicensed spots too.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 2170 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 2170 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Jan 15, 2025 and referred to the Senate State Affairs committee. No public hearing. The bill died.
relating to the offense of public consumption of alcoholic
beverages during certain hours.
WHAT IT DOES
Unlicensed means public. Read literally, that can reach your home after hours.
The bill widens the existing offense of drinking alcohol in a public place during restricted hours by declaring that unlicensed and unpermitted premises also count as a public place. That reaches people drinking after hours at places with no alcohol license or permit, not just licensed bars and permitted venues. Starting September 1, 2025, police can enforce the after-hours drinking offense at those unlicensed spots too.
The caption pitches an offense about public consumption, but the text labels any unlicensed or unpermitted premises a public place. Read literally, that can reach private places that hold no alcohol license, such as homes, which goes beyond ordinary public drinking.
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
Senate committee · State Affairs · Final status: Died in committee
Subjects
Alcoholic Beverage Regulation
Text
The text as introduced · 174 words
89R8303 MPF-F
By: Alvarado
S.B. No. 791
A BILL TO BE ENTITLED
AN ACT
relating to the offense of public consumption of alcoholic
beverages during certain hours.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 105.06(a-1), Alcoholic Beverage Code, is
amended to read as follows:
(a-1) For the purposes of this section, a licensed ,
unlicensed, [ or ] permitted , or unpermitted premises is a public
place.
SECTION 2. (a) Section 105.06(a-1), Alcoholic Beverage
Code, as amended by this Act, applies only to an offense committed
on or after the effective date of this Act. For the purposes of this
section, an offense is committed before the effective date of this
Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2025.