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 (H.B. 2868), Sec. 1, eff. September 1, 2005.
Notes of Decisions
Steak & Ale of Texas, Inc. v. Borneman, 62 S.W.3d 898 (Tex. App. 2002).
· cites it 7× “02; instead, it makes the provider liable under specifically stated conditions. Nevertheless, Borneman argues that the instruction correctly states the law because other sections of the Dram Shop Act establish regulatory and criminal penalties for providing alcohol to…”
Smith v. Sewell, 858 S.W.2d 350 (Tex. 1993).
· cites it 8× “TEX.ALCO.BEV.CODE § 2.02. Chapter 2 provides the exclusive cause of action for providing an alcoholic beverage to a person 18 years of age or older, and liability under this chapter is in lieu of common law or other statutory law warranties or duties of providers.”
20801, INC. v. Parker, 249 S.W.3d 392 (Tex. 2008).
· cites it 2× “Tex. Alco. Bev.Code § 2.02(b); 4 see Duenez, 237 S.”
Smith v. Merritt, 940 S.W.2d 602 (Tex. 1997).
· cites it 4× “; TEX. ALCO. BEV.CODE § 2.02. The Legislature demonstrated its intent against the creation of common-law social host liability for serving persons eighteen years of age or older by including language in section 2.”
Alaniz v. Rebello Food & Beverage, L.L.C., 165 S.W.3d 7 (Tex. App. 2005).
· cites it 4× “The foregoing statements specifically set forth the two elements appellants are required to prove under the Dram Shop Act and, correspondingly, identify the specific elements on which appellees contend appellants have no evidence.”
Graff v. Beard, 858 S.W.2d 918 (Tex. 1993).
· cites it 2× “" TEX.ALCO.BEV.CODE § 2.02 (Supp. 1993). It is against this backdrop that we consider whether a common-law duty for social hosts should be recognized in Texas.”
Venetoulias v. O'BRIEN, 909 S.W.2d 236 (Tex. App. 1995).
· cites it 5× “TEX.ALCO.BEV.CODE ANN. § 2.02 (Vernon 1995); see also Smith v.”
J.D. Abrams, Inc. v. McIver, 966 S.W.2d 87 (Tex. App. 1998).
· cites it 3× “TexAlco.Bev.Code Ann. § 2.02(b) (Vernon 1995) (emphasis added).”
— Tex. Alco. Bev. Code § 2.02(a) — 2 cases
— Tex. Alco. Bev. Code § 2.02(b) — 28 cases
Steak & Ale of Texas, Inc. v. Borneman, 62 S.W.3d 898 (Tex. App. 2002).
“02; instead, it makes the provider liable under specifically stated conditions. Nevertheless, Borneman argues that the instruction correctly states the law because other sections of the Dram Shop Act establish regulatory and criminal penalties for providing alcohol to…”
Smith v. Sewell, 858 S.W.2d 350 (Tex. 1993).
“TEX.ALCO.BEV.CODE § 2.02. Chapter 2 provides the exclusive cause of action for providing an alcoholic beverage to a person 18 years of age or older, and liability under this chapter is in lieu of common law or other statutory law warranties or duties of providers.”
— Tex. Alco. Bev. Code § 2.02(b)(1) — 14 cases
Smith v. Merritt, 940 S.W.2d 602 (Tex. 1997).
“; TEX. ALCO. BEV.CODE § 2.02. The Legislature demonstrated its intent against the creation of common-law social host liability for serving persons eighteen years of age or older by including language in section 2.”
Steak & Ale of Texas, Inc. v. Borneman, 62 S.W.3d 898 (Tex. App. 2002).
“02; instead, it makes the provider liable under specifically stated conditions. Nevertheless, Borneman argues that the instruction correctly states the law because other sections of the Dram Shop Act establish regulatory and criminal penalties for providing alcohol to…”
Venetoulias v. O'BRIEN, 909 S.W.2d 236 (Tex. App. 1995).
“TEX.ALCO.BEV.CODE ANN. § 2.02 (Vernon 1995); see also Smith v.”
Alaniz v. Rebello Food & Beverage, L.L.C., 165 S.W.3d 7 (Tex. App. 2005).
“The foregoing statements specifically set forth the two elements appellants are required to prove under the Dram Shop Act and, correspondingly, identify the specific elements on which appellees contend appellants have no evidence.”
— Tex. Alco. Bev. Code § 2.02(b)(2) — 8 cases
Steak & Ale of Texas, Inc. v. Borneman, 62 S.W.3d 898 (Tex. App. 2002).
“02; instead, it makes the provider liable under specifically stated conditions. Nevertheless, Borneman argues that the instruction correctly states the law because other sections of the Dram Shop Act establish regulatory and criminal penalties for providing alcohol to…”
Alaniz v. Rebello Food & Beverage, L.L.C., 165 S.W.3d 7 (Tex. App. 2005).
“The foregoing statements specifically set forth the two elements appellants are required to prove under the Dram Shop Act and, correspondingly, identify the specific elements on which appellees contend appellants have no evidence.”
Venetoulias v. O'BRIEN, 909 S.W.2d 236 (Tex. App. 1995).
“TEX.ALCO.BEV.CODE ANN. § 2.02 (Vernon 1995); see also Smith v.”
— Tex. Alco. Bev. Code § 2.02(c) — 3 cases
— Tex. Alco. Bev. Code § 2.02(c)(2) — 1 case
— Tex. Alco. Bev. Code § 2.02(c)(2)(B) — 1 case
— Tex. Alco. Bev. Code § 2.02(c)(2)(b) — 1 case
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