Texas

Updated: 9/1995

Status: Permitted, subject to amount (gallonage).

Statute

Texas statute Title 4, Chapter 109, Subchapter B, §109.21 provides that a license or permit is not required for the manufacture of not more than 200 gallons of wine, malt liquor, or beer.

Discussion

This statute is a comprehensive provision enabling the production of beer without license or permit subject to amount and normal alcoholic fermentation. §1.04 defines “Beer” as a malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight.

Special Provisions

Texas statute Title 4, Chapter 109, Subchapter B, §109.22 provides for the delivery of home-produced Wine, Ale, Malt Liquor, of Beer for certain purposes (organized tastings).

State Alcohol Beverage Control Agency

• Texas Alcoholic Beverage Commission
• 5806 Mesa Dr.
• Austin, TX 78731
• Phone: 512.458.2500
• Fax: 512.206.3274

mailing address:

• P.O. Box 13127, Capitol Station
• Austin, TX 78711

Applicable Statutory Material

§ 1.04. Definitions

(15) “Beer” means a malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer.

§ 109.21. Home Production of Wine, Ale, Malt Liquor, or Beer

(a) The head of a family or an unmarried adult may produce for the use of his family or himself not more than 200 gallons of wine, ale, malt liquor, or beer, per year. No license or permit is required.

(b) The commission may prohibit the use of any ingredient it finds detrimental to health or susceptible of use to evade this code. Only wine made from the normal alcoholic fermentation of the juices of dandelions or grapes, raisins, or other fruits may be produced under this section. Only ale, malt liquor, or beer made from the normal alcoholic fermentation of malted barley with hops, or their products, and with or without other malted or unmalted cereals, may be produced under this section. The possession of wine, ale, malt liquor, or beer produced under this section is not an offense if the person making it complies with all provisions of this section and the wine, ale, malt liquor, or beer is not distilled, fortified, or otherwise altered to increase its alcohol content.

(c) There is no annual state fee for beverages produced in compliance with this section.

§ 109.22. Delivery of Home-Produced Wine, Ale, Malt Liquor, or Beer for Certain Purposes

(a) This section applies only to a person who is authorized under Section 109.21(a) to produce wine, ale, malt liquor, or beer.

(b) For the purpose of participating in an organized tasting, evaluation, competition, or literary review, a person to whom this section applies may deliver wine, ale, malt liquor, or beer produced and manufactured by the person to locations that are not licensed under this code for the purpose of submitting those products to an evaluation at an organized tasting competition that is closed to the general public or by a reviewer whose reviews are published if:

(1) no charge of any kind is made for the wine, ale, malt liquor, or beer, for its delivery, or for attendance at the event; and

(2) the commission consents in writing to the delivery.

(c) Nothing in this section shall be construed to authorize an increase in the quantity of wine, ale, malt liquor, or beer authorized to be produced by a person under the authority of Section 109.21(a) of this code.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.