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.