Texas Alcoholic Beverage Code
§ 109.57 — APPLICATION OF CODE; OTHER JURISDICTIONS
AL § 109.57Title 4. REGULATORY AND PENAL PROVISIONS · Ch. 109. MISCELLANEOUS REGULATORY PROVISIONS · Art. D. OTHER MISCELLANEOUS PROVISIONS
Statute text
View on source(a)Except as is expressly authorized by this code, a regulation, charter, or ordinance promulgated by a governmental entity of this state may not impose stricter standards on premises or businesses required to have a license or permit under this code than are imposed on similar premises or businesses that are not required to have such a license or permit.
(b)It is the intent of the legislature that this code shall exclusively govern the regulation of alcoholic beverages in this state, and that except as permitted by this code, a governmental entity of this state may not discriminate against a business holding a license or permit under this code.
(c)Neither this section nor Section 1.06 of this code affects the validity or invalidity of a zoning regulation that was formally enacted before June 11, 1987, and that is otherwise valid, or any amendment to such a regulation enacted after June 11, 1987, if the amendment lessens the restrictions on the licensee or permittee or does not impose additional restrictions on the licensee or permittee. For purposes of this subsection, "zoning regulation" means any charter provision, rule, regulation, or other enactment governing the location and use of buildings, other structures, and land.
(d)This section does not affect the authority of a governmental entity to regulate, in a manner as otherwise permitted by law, the location of:
(1)a massage parlor, nude modeling studio, or other sexually oriented business;
(2)an establishment that derives 75 percent or more of the establishment's gross revenue from the on-premise sale of alcoholic beverages; or
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 2, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 486 (H.B. 2035), Sec. 1, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 360, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 3, eff. September 1, 2023.