Texas Alcoholic Beverage Commission (TABC) Practice Exam

According to the Penal Code, failure to meet a standard level of care in alcohol serving results in what?

1. Civil negligence

2. Criminal negligence

3. Legal negligence

4. Administrative negligence

The correct answer is: Criminal negligence

The correct answer is grounded in the legal definitions established in the Penal Code concerning alcohol service. Criminal negligence occurs when a person fails to be aware of a substantial and unjustifiable risk that their actions could cause harm, which is a step beyond civil negligence. In the context of alcohol service, if a person serving alcohol does not adhere to the required standard level of care—such as serving to minors or visibly intoxicated individuals—they can be held criminally negligent. This type of negligence goes beyond just a breach of duty in civil law and can result in criminal charges because it indicates a disregard for the health and safety of others. The implications of being found criminally negligent can include penalties such as fines or imprisonment, emphasizing the seriousness with which the law treats such failures in the context of serving alcohol. Civil negligence, on the other hand, typically leads to lawsuits for damages but does not carry criminal penalties, while terms like legal negligence and administrative negligence are not commonly defined within the Penal Code in context to alcohol service. Thus, the establishment of criminal negligence for failing to meet the standard of care highlights the legal consequences in the realm of alcohol service.