Goto previous pageGoto next page
pg. 3

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

Acts 2013, 83rd Leg., R.S., Ch. 1074 (H.B. 3307), Sec. 1, eff. September 1, 2013. (68)

Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 1, eff. September 1, 2013. (69)

Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(1), eff. September 1, 2015. (70)

Sec. 1.05. GENERAL PENALTY. (71)(Text)

(a) A person who violates a provision of this code for which a specific penalty is not provided is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $100 nor more than $1,000 or by confinement in the county jail for not more than one year or by both. (72)

(b) The term "specific penalty," as used in this section, means a penalty which might be imposed as a result of a criminal prosecution. (73)

Acts 1977, 65th Leg., p. 395, ch. 194, Sec. 1, eff. Sept. 1, 1977. (74)

Sec. 1.06. CODE EXCLUSIVELY GOVERNS. (75)(Text)

Unless otherwise specifically provided by the terms of this code, the manufacture, sale, distribution, transportation, and possession of alcoholic beverages shall be governed exclusively by the provisions of this code. (76)

Acts 1977, 65th Leg., p. 395, ch. 194, Sec. 1, eff. Sept. 1, 1977. (77)

Sec. 1.07. RESIDENT ALIENS. (78)(Text)

(a) For purposes of any provision of this code that requires an applicant for a license or permit to be a United States citizen or Texas citizen, regardless of whether it applies to an individual, a percentage of stockholders of a corporation, or members of a partnership, firm, or association, an individual who is not a United States citizen but who legally resides in the state is treated as a United States citizen and a citizen of Texas. (79)

(b) If it is required that an individual have resided in the state for a specified period of time, an alien legally residing in the state satisfies the requirement if he has legally resided in the state for the prescribed period of time. If an alien becomes a United States citizen while residing in Texas, any continuous period of time he legally resided in the state immediately before becoming a citizen is included in computing his period of continuous residence in the state. (80)

Added by Acts 1979, 66th Leg., p. 1971, ch. 777, Sec. 18, eff. Aug. 27, 1979. (81)

CHAPTER 2. CIVIL LIABILITIES FOR SERVING BEVERAGES (82)(Text)

Sec. 2.01. DEFINITIONS. (83)(Text)

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)(Text)

(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)(Text)

(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)

Goto previous page3Goto next page

  

David L. James
Texarkana Criminal Law Attorney

Website

David L. James can answer all your questions regarding criminal law issues. David L. James's experience can help you understand your options and select the best path forward.

10538600-trial-1

Jack N. Boyd Jr.
Bowie County Lawyer

Experienced dwi attorney.

02769700-frotate

J. Scott Novy
Bowie County Lawyer

Experienced dwi attorney.

15121310-trial miles

Clifford Jessup
Bowie County Lawyer

Experienced dwi attorney.

24074489-trial miles

Bobby Mims
Bowie County Lawyer

Experienced dwi attorney.

12172200-trial miles

Weldon Todd Parker
Bowie County Lawyer

Experienced dwi attorney.

00794424-trial miles

Blake Bailey
Bowie County Lawyer

Experienced dwi attorney.

01514500-trial miles

William Coats
Bowie County Lawyer

Experienced dwi attorney.

00785769-trial miles

Tim James
Bowie County Lawyer

Experienced dwi attorney.

10543000-trial miles

David S. Mallard
Bowie County Lawyer

Experienced dwi attorney.

12860400-trial miles