ALCOHOLIC BEVERAGE CODE

CHAPTER 2. CIVIL LIABILITIES FOR SERVING BEVERAGES


	§ 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, § 3, eff. June 11, 1987.           


	§ 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.

Added by Acts 1987, 70th Leg., ch. 303, § 3, eff. June 11, 1987.           


	§ 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, § 3, eff. June 11, 1987.  
Amended by Acts 2003, 78th Leg., ch. 456, § 1, eff. Sept. 1, 
2003.