Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS. (a) A person commits an offense if the person with criminal negligence sells an alcoholic beverage to an habitual drunkard or an intoxicated or insane person.
(a-1) A person commits an offense if the person with criminal negligence delivers for commercial purposes an alcoholic beverage to an intoxicated person.
(b) Except as provided in Subsection (c) of this section, a violation of this section is a misdemeanor punishable by a fine of not less than $100 nor more than $500, by confinement in jail for not more than one year, or by both.
(c) If a person has been previously convicted of a violation of this section or of Section 106.03 of this code, a violation is a misdemeanor punishable by a fine of not less than $500 nor more than $1,000, by confinement in jail for not more than one year, or by both.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 508, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 5, eff. September 1, 2019.
Notes of Decisions
Evans v. Joleemo, Inc., 714 S.W.2d 394 (Tex. App. 1986).
· cites it 4× “Appellants further contend that TEX.ALCO.BEV.CODE ANN. § 101.63(a) (Vernon 1978), which provides that it is a criminal offense to knowingly sell alcoholic beverages to a habitual drunkard or an intoxicated or insane person, establishes such to be negligence per se.”
Kehler v. Eudaly, 933 S.W.2d 321 (Tex. App. 1996).
“See Tex. Alco. Bev. Code ANn. § 101.63(a) (Vernon 1978).”
Beard v. Graff, 801 S.W.2d 158 (Tex. App. 1990).
· cites it 2× “TEX.ALCO.BEV.CODE ANN. §§ 2.01-2.03 (Vernon Supp.”
Lewis v. Skippy's Mistake Bar, 944 S.W.2d 1 (Tex. App. 1996).
“63 is in the general criminal law provisions of the Alcoholic Beverage Code and defines a criminal offense and prescribes its penalty, that does not preclude a plaintiff from using the language of section 101.”
Riley v. Triplex Commc'ns, Inc., 874 S.W.2d 333 (Tex. App. 1994).
“In point of error seven, appellants contend that the trial court erred in failing to submit “Plaintiffs’ Requested Jury Questions E and F,” inquiring as to the Palace’s violation of TexAlco.Bev.Code Ann. § 101.63 (Vernon 1978), and appellee’s culpability as a “party to the…”
El Chico Corp. v. Poole, 732 S.W.2d 306 (Tex. 1987).
“XVI, § 20 of the Texas Constitution grants the Legislature the power to regulate the manufacture, sale, transportation, and possession of intoxicating liquors.”
Theresa Eaton v. State (Tex. App. 1993).
“Appellant was the bartender. The officers each purchased a beer and sat down at a table to observe the activity in the bar.”
— Tex. Alco. Bev. Code § 101.63(a) — 6 cases
Evans v. Joleemo, Inc., 714 S.W.2d 394 (Tex. App. 1986).
“Appellants further contend that TEX.ALCO.BEV.CODE ANN. § 101.63(a) (Vernon 1978), which provides that it is a criminal offense to knowingly sell alcoholic beverages to a habitual drunkard or an intoxicated or insane person, establishes such to be negligence per se.”
Kehler v. Eudaly, 933 S.W.2d 321 (Tex. App. 1996).
“See Tex. Alco. Bev. Code ANn. § 101.63(a) (Vernon 1978).”
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