Texas Alcoholic Beverage Code

§ 2.02 — CAUSES OF ACTION

AL § 2.02Title 1. GENERAL PROVISIONS · Ch. 2. CIVIL LIABILITIES FOR SERVING BEVERAGES

Statute 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.

(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:

…

Legislative history

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