State Codes and Statutes
Statutes > Texas > Alcoholic-beverage-code > Title-1-general-provisions > Chapter-2-civil-liabilities-for-serving-beverages
ALCOHOLIC BEVERAGE CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 2. CIVIL LIABILITIES FOR SERVING BEVERAGES
Sec. 2.01. DEFINITIONS. In this chapter:
(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.
(2) "Provision" includes, but is not limited to, the sale or
service of an alcoholic beverage.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11,
1987.
Sec. 2.02. CAUSES OF ACTION. (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.
(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:
(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
(2) the intoxication of the recipient of the alcoholic beverage
was a proximate cause of the damages suffered.
(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:
(1) the adult is not:
(A) the minor's parent, guardian, or spouse; or
(B) an adult in whose custody the minor has been committed by a
court; and
(2) the adult knowingly:
(A) served or provided to the minor any of the alcoholic
beverages that contributed to the minor's intoxication; or
(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.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
643, Sec. 1, eff. September 1, 2005.
Sec. 2.03. EXCLUSIVITY OF STATUTORY REMEDY. (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.
(b) This chapter does not impose obligations on a provider of
alcoholic beverages other than those expressly stated in this
chapter.
(c) This chapter provides the exclusive cause of action for
providing an alcoholic beverage to a person 18 years of age or
older.
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.
State Codes and Statutes
Statutes > Texas > Alcoholic-beverage-code > Title-1-general-provisions > Chapter-2-civil-liabilities-for-serving-beverages
ALCOHOLIC BEVERAGE CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 2. CIVIL LIABILITIES FOR SERVING BEVERAGES
Sec. 2.01. DEFINITIONS. In this chapter:
(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.
(2) "Provision" includes, but is not limited to, the sale or
service of an alcoholic beverage.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11,
1987.
Sec. 2.02. CAUSES OF ACTION. (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.
(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:
(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
(2) the intoxication of the recipient of the alcoholic beverage
was a proximate cause of the damages suffered.
(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:
(1) the adult is not:
(A) the minor's parent, guardian, or spouse; or
(B) an adult in whose custody the minor has been committed by a
court; and
(2) the adult knowingly:
(A) served or provided to the minor any of the alcoholic
beverages that contributed to the minor's intoxication; or
(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.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
643, Sec. 1, eff. September 1, 2005.
Sec. 2.03. EXCLUSIVITY OF STATUTORY REMEDY. (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.
(b) This chapter does not impose obligations on a provider of
alcoholic beverages other than those expressly stated in this
chapter.
(c) This chapter provides the exclusive cause of action for
providing an alcoholic beverage to a person 18 years of age or
older.
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.
State Codes and Statutes
Statutes >
Texas >
Alcoholic-beverage-code >
Title-1-general-provisions >
Chapter-2-civil-liabilities-for-serving-beverages ALCOHOLIC BEVERAGE CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 2. CIVIL LIABILITIES FOR SERVING BEVERAGES
Sec. 2.01. DEFINITIONS. In this chapter:
(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.
(2) "Provision" includes, but is not limited to, the sale or
service of an alcoholic beverage.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11,
1987.
Sec. 2.02. CAUSES OF ACTION. (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.
(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:
(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
(2) the intoxication of the recipient of the alcoholic beverage
was a proximate cause of the damages suffered.
(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:
(1) the adult is not:
(A) the minor's parent, guardian, or spouse; or
(B) an adult in whose custody the minor has been committed by a
court; and
(2) the adult knowingly:
(A) served or provided to the minor any of the alcoholic
beverages that contributed to the minor's intoxication; or
(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.
Added by Acts 1987, 70th Leg., ch. 303, Sec. 3, eff. June 11,
1987.
Amended by:
Acts 2005, 79th Leg., Ch.
643, Sec. 1, eff. September 1, 2005.
Sec. 2.03. EXCLUSIVITY OF STATUTORY REMEDY. (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.
(b) This chapter does not impose obligations on a provider of
alcoholic beverages other than those expressly stated in this
chapter.
(c) This chapter provides the exclusive cause of action for
providing an alcoholic beverage to a person 18 years of age or
older.
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.
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