ALCOHOLIC BEVERAGE CODE
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. criminal lawyers in houston
(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. criminal lawyers in houston
(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 criminal lawyers in houston
(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.
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. criminal lawyers in houston
(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.
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ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS CRIMINAL LAW EXPERIENCE
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