Texas Laws - Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 1. GENERAL PROVISIONS

CHAPTER 2. CIVIL LIABILITIES FOR SERVING BEVERAGES (82)(1-click HTML)

Sec. 2.01. DEFINITIONS. (83)(1-click HTML)

In this chapter: (84)

(1) "Provider" means a person who sells or serves an alcoholic beverage under authority of a license or permit issued under the terms of this code or who otherwise sells an alcoholic beverage to an individual. (85)

(2) "Provision" includes, but is not limited to, the sale or service of an alcoholic beverage. (86)

Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11, 1987. (87)

Sec. 2.02. CAUSES OF ACTION. (88)(1-click HTML)

(a) This chapter does not affect the right of any person to bring a common law cause of action against any individual whose consumption of an alcoholic beverage allegedly resulted in causing the person bringing the suit to suffer personal injury or property damage. (89)

(b) Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action under this chapter and may be made the basis of a revocation proceeding under Section 6.01(b) of this code upon proof that: (90)

(1) at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and (91)

(2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered. (92)

(c) An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under the age of 18 if: (93)

(1) the adult is not: (94)

(A) the minor's parent, guardian, or spouse; or (95)

(B) an adult in whose custody the minor has been committed by a court; and (96)

(2) the adult knowingly: (97)

(A) served or provided to the minor any of the alcoholic beverages that contributed to the minor's intoxication; or (98)

(B) allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor's intoxication on the premises owned or leased by the adult. (99)

Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11, 1987. (100)

Amended by: (101)

Acts 2005, 79th Leg., Ch. 643 (H.B. 2868), Sec. 1, eff. September 1, 2005. (102)

Sec. 2.03. EXCLUSIVITY OF STATUTORY REMEDY. (103)(1-click HTML)

(a) The liability of providers under this chapter for the actions of their employees, customers, members, or guests who are or become intoxicated is in lieu of common law or other statutory law warranties and duties of providers of alcoholic beverages. (104)

(b) This chapter does not impose obligations on a provider of alcoholic beverages other than those expressly stated in this chapter. (105)

(c) This chapter provides the exclusive cause of action for providing an alcoholic beverage to a person 18 years of age or older. (106)

Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11, 1987. Amended by Acts 2003, 78th Leg., ch. 456, Sec. 1, eff. Sept. 1, 2003. (107)

  

Finley Latham Edmonds
Port Aransas Probate Law Attorney

Website

Why struggle with the complex challenges involving probate law? As a seasoned professional, Finley Latham Edmonds is ready to assist you in whatever probate law matters you need help with. Contact Finley today for immediate attention to your needs.

06428000-plat miles-1

Kimberly Frost
Port Aransas Family Law Attorney

Website

Family law matters can be challenging and complex. You may need professional assistance with your family law problems. Kimberly can answer all your questions and give you the ability to proceed with confidence.

24048474-plat miles-2

William A. Abernethy
Port Aransas Litigation Law Attorney

Website

William A. Abernethy is a professional litigation law attorney serving Port Aransas and surrounding areas. Litigation law matters can be challenging. If you need an experienced advocate in your corner William can provide expert assistance in matters involving litigation law.

00809800-plat miles-3

Donna Kay Leonard
Port Aransas Family Law Attorney

Website

Why struggle with the complex challenges involving family law? As a seasoned professional, Donna Kay Leonard is ready to assist you in whatever family law matters you need help with. Contact Donna today for immediate attention to your needs.

00794158-plat miles-4

James T. Clancy
Port Aransas Litigation Law Attorney

Website

Litigation law matters can be challenging and complex. You may need professional assistance with your litigation law problems. James can answer all your questions and give you the ability to proceed with confidence.

00795292-plat miles-5

Martin C. Davis
Port Aransas Probate Law Attorney

Website

Probate matters can be complex. Martin C. Davis is an attorney experienced in probate law. If you need assistance please contact Martin for immediate help.

05525600-plat miles-6

Mark A. Dicarlo
Port Aransas Criminal Law Attorney

Website

Let Mark A. Dicarlo help you with your criminal law problems. An experienced attorney can mean the difference between success and failure. Mark has the professional expertise to ensure your success.

05812510-plat miles-7

Randal W. Hill
Port Aransas Litigation Law Attorney

Website

Randal W. Hill is knowledgeable in litigation-related issues. Randal can help you reach your goals whatever they may be.

09650250-plat miles-8

Douglas Franklin Ocker
Port Aransas Medicaid Law Attorney

Website

Why struggle with the complex challenges involving medicaid law? As a seasoned professional, Douglas Franklin Ocker is ready to assist you in whatever medicaid law matters you need help with. Contact Douglas today for immediate attention to your needs.

24006563-plat miles-9

Alicia Ardoin
San Patricio County Lawyer

Experienced dwi attorney.

24041512-trial miles