Quick answer: A single alcohol-law incident in Texas can trigger two completely separate proceedings. The criminal track targets the individual person who committed an offense and runs through the courts; the alcohol offenses themselves are defined in the Alcoholic Beverage Code and punished according to Penal Code classifications (for example, selling to a minor is a Class A misdemeanor). The administrative track targets the business’s license or permit and runs through TABC under the Alcoholic Beverage Code, leading to fines, suspension, or cancellation. They use different standards, different decision-makers, and produce different consequences, and one does not replace the other.
The core distinction
| Criminal track | Administrative track | |
|---|---|---|
| Target | The individual person | The business's license or permit |
| Authority | Alcoholic Beverage Code offenses, punished under Penal Code classes; prosecuted by district or county attorneys | Texas Alcoholic Beverage Code, enforced by TABC |
| Decision-maker | Criminal court | TABC, with hearings before an administrative law judge |
| Burden of proof | Beyond a reasonable doubt | Preponderance of the evidence (TABC bears it) |
| Typical outcome | Fine, jail, criminal record | Civil penalty, suspension, cancellation |
| Grounds | Specific Alcoholic Beverage Code offenses (e.g., §106.03, §101.63) | §11.61 (permits), §61.71 (licenses), and related provisions |
Why both can happen at once
The two tracks arise from the same conduct but answer different questions. The criminal case asks whether a person committed an offense and should be punished. The administrative case asks whether the business should keep operating with a state-granted license. Because the questions differ, an outcome in one does not control the other. A seller can face a misdemeanor charge in court while the business separately faces a TABC action over the same sale.
How the administrative track works
TABC’s authority to sanction a license comes from the Code. Section 5.362 directs the agency to adopt a schedule of sanctions, and §11.61 and §61.71 set out the grounds for suspending or canceling a permit or license. When TABC finds a violation, it often offers a settlement first, a civil penalty and/or a temporary suspension confirmed by a waiver order. If the business rejects the offer, the case goes to TABC’s General Counsel’s Office and on to a contested hearing before an administrative law judge.
The penalties on this track are financial and operational, not criminal. They include base penalties (for regulatory violations, $250, $500, or $1,000), per-day suspension amounts between $150 and $25,000, and, at the far end, cancellation. The standard of proof is lower than in a criminal case: in a contested hearing before the State Office of Administrative Hearings (SOAH), TABC must prove the violation by a preponderance of the evidence, meaning more likely than not, rather than the criminal standard of beyond a reasonable doubt. The administrative law judge issues a Proposal for Decision, and TABC’s commissioners make the final call. Before challenging that order in court, a party must generally file a motion for rehearing; judicial review then goes to district court under substantial-evidence review.
How the criminal track works
The criminal offenses are defined in the Alcoholic Beverage Code and carry Penal Code punishment classes. Selling alcohol to a minor under §106.03, for instance, is a Class A misdemeanor. These cases are brought by prosecutors in court, carry the possibility of fines and jail, and can leave a criminal record on the individual, not the business.
When the tracks intersect
The most serious incidents can move on both tracks at once and even change how the administrative case is handled. A violation that directly or indirectly caused death or serious bodily injury is referred straight to TABC’s legal services division without a settlement offer, while the same facts may support criminal charges against an individual. Handling exposure on both tracks at the same time is what makes these situations complex.
In practice
Take a server who sells to a minor. The server pleads guilty in county court within a couple of months, resolving the criminal track. The administrative case against the business moves on its own schedule, through TABC’s investigation, a possible settlement offer, and, if contested, a SOAH hearing that may conclude much later. One outcome lands long before the other, and the result in the criminal case does not decide the license case.
FAQ
Can I be punished twice for the same incident?
The two tracks are separate. A criminal court can penalize the individual while TABC separately acts against the business license over the same conduct. They are not the same proceeding.
Who decides each case?
Criminal cases are decided by courts and brought by district or county attorneys. Administrative cases are handled by TABC, with contested matters heard by an administrative law judge.
Does winning the criminal case end the TABC case?
Not necessarily. The administrative case asks a different question, whether the business should keep its license, and uses a lower standard of proof. A criminal jury must be convinced beyond a reasonable doubt; TABC need only prove the violation by a preponderance of the evidence, so the business can lose the license case even if the criminal charge does not result in a conviction.
Current as of June 2026. This article is general educational information, not legal advice. The statutes and procedures referenced change; verify §5.362, §11.61, §61.71, and the relevant Penal Code provisions before relying on them, and consult a qualified Texas attorney about your specific situation.