Texas Dram Shop Act (Alcoholic Beverage Code Chapter 2) & TABC Safe Harbor (§ 106.14)
Summary of the Texas Rule (Tex. Alco. Bev. Code §§ 2.01–2.03 & § 106.14)
Establishes the exclusive statutory cause of action against commercial alcohol providers that serve obviously intoxicated individuals, alongside the § 106.14 seller-training Safe Harbor defense.
Statutory Text Summary & Legal Mechanics
Section 2.02(b) imposes liability when the provider served an individual who was 'obviously intoxicated to the extent that he presented a clear danger to himself and others' and that intoxication proximately caused the damages. Section 2.03 declares Chapter 2 the exclusive remedy in lieu of common-law negligence against providers of alcoholic beverages to persons age 18 or older.
Practical Impact on Texas Personal Injury Claims & Jury Trials
Note that for minors under age 18, Tex. Alco. Bev. Code § 2.02(c) also imposes social-host liability on any adult (age 21+) who is not the minor's parent, guardian, or spouse and who knowingly serves or provides alcohol consumed by the minor on the adult's premises!
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