TABC certification and safe harbor
The Texas Alcoholic Beverage Commission (TABC) regulates alcohol in Texas. Seller-server certification is not required by state law, but TABC strongly recommends it, and many employers make it a condition of the job.
- Courses are taught by TABC-approved schools, mostly online. Many take about two hours.
- Your certificate is valid for two years from the date it is issued.
- Each school gives its own final test.
Safe harbor
Under Alcoholic Beverage Code section 106.14, an employee's illegal sale is not held against the employer if these conditions are met:
- The person who made the sale is not an owner or officer of the business.
- The person holds a current certificate from a TABC-approved school.
- All employees who sell, serve or deliver alcohol, and their immediate managers, are certified within 30 days of hire.
- The employer has written alcohol policies that each employee has read and understands.
- The employer does not directly or indirectly encourage breaking the law.
- There have not been three or more such violations in a 12-month period.
Opioid overdose course
TABC says Texas law also requires sellers and servers at certain businesses, such as bars and nightclubs, to take a free opioid-related drug overdose course every year. This is separate from seller-server certification.
Texas laws on minors and intoxication
| Rule | Texas law |
|---|---|
| Who is a minor | Anyone under 21 (section 106.01) |
| Selling to a minor | Class A misdemeanor (section 106.03) |
| Selling to an intoxicated person | Class A misdemeanor (section 101.63) |
| Minor showing a fake ID | Class C misdemeanor (sections 106.07 and 106.071) |
| Minimum age to sell or serve | Generally 18 (section 106.09) |
| Class A misdemeanor punishment | Fine up to $4,000, jail up to 1 year, or both |
ID and the defense for sellers
A seller has a defense if the minor showed apparently valid government-issued ID, such as a DPS driver license or ID card, a passport or a military ID, with a photo and description that matched the minor and showing age 21 or older. Always compare the photo with the customer.
Minors with parents
A minor charged with drinking has a defense if they drank in the visible presence of their adult parent, guardian or spouse. This defense belongs to the minor. A business may still refuse, and selling directly to a minor is still an offense.
Dram shop liability
Under chapter 2 of the Code, a provider can be liable for damages if it was apparent that the customer was obviously intoxicated to the point of being a clear danger, and the intoxication caused the harm. Cutting off service early is the best protection.
Responsible service skills
Texas sets its own rules, but the skills below are taught in every responsible alcohol service course and appear on every exam.
Standard drinks
A U.S. standard drink holds about 14 grams (0.6 fluid ounces) of pure alcohol.
| Drink | One standard drink |
|---|---|
| Regular beer (about 5%) | 12 oz |
| Malt liquor (about 7%) | 8 to 9 oz |
| Table wine (about 12%) | 5 oz |
| 80-proof spirits (40%) | 1.5 oz |
Big pours and strong cocktails can hold two or three standard drinks in one glass. Proof is twice the alcohol percentage, so 80 proof means 40% alcohol.
Blood alcohol
- Fast drinking and an empty stomach raise BAC quickly; food slows it down.
- Smaller people and most women reach a higher BAC from the same drinks.
- The body removes roughly one standard drink an hour. Only time lowers BAC.
- BAC can keep rising after the last drink.
- Every state sets 0.08% as the limit for drivers 21 and older, except Utah at 0.05%.
Signs of intoxication
- Lowered inhibitions: louder, overly friendly, more talkative.
- Impaired judgment: rude comments, buying rounds for strangers, drinking faster.
- Slowed reactions: slurred speech, glassy eyes, slow answers.
- Loss of coordination: stumbling, swaying, spilling drinks.
Look for changes in behavior and keep track of how much each customer drinks. If someone seems far more impaired than their drinks explain, their drink may have been spiked; get help.
Refusing service
- Tell your manager and co-workers.
- Speak privately, calmly and firmly. Point to the law or house policy.
- Offer food, water or a non-alcoholic drink.
- Do not serve drinks that others buy for the customer.
- Help arrange a safe ride, and call police if an impaired customer drives.
- Write the incident in the log.
Checking ID
The minimum legal drinking age is 21 in every state. Accept only valid, government-issued photo ID. Compare the photo and description with the customer, check the date of birth and expiration date, and feel for tampering. Watch for borrowed, altered and counterfeit IDs. The REAL ID star does not show age.
If you find a fake ID
- Stay calm and do not accuse the customer.
- Politely refuse the sale and explain that you cannot accept the ID.
- Follow your state law and house policy on whether to keep, return or report the ID.
- Tell your manager.
- Write what happened in the incident log, including the time and a description of the ID.
Preventing over-service
- Offer food early, especially to customers who are drinking on an empty stomach.
- Serve water with drinks and suggest non-alcoholic options.
- Pace service: do not bring a new drink while the last one is still full, and avoid serving more than one drink at a time to one person.
- Measure pours. Free pours and large glasses can turn one order into two or three standard drinks.
- Never offer drinking games, contests or "bottomless" specials that push people to drink fast.
Alcohol overdose
Signs of alcohol overdose include confusion, vomiting, seizures, slow or irregular breathing, pale or bluish skin, low body temperature and being hard to wake. Call 911 right away. Stay with the person, keep them on their side so they do not choke, and never leave them to "sleep it off."
Liability
Illegal service can lead to criminal charges, administrative penalties against the license, and civil lawsuits under dram shop laws. Careful ID checks, early refusals and good incident records protect you, your customers and your employer.
Exam tips
- Learn the safe harbor conditions, especially certification within 30 days of hire and written policies.
- Know the offense classes: selling to a minor or to an intoxicated person is a Class A misdemeanor; a minor using a fake ID is a Class C misdemeanor.
- Remember that a minor in Texas is anyone under 21, while the general minimum age to sell or serve is 18.
- A TABC seller-server certificate lasts two years. Put a reminder in your phone so it does not lapse.