Texas House Bill HB2720

Texas 2009 - 81st Regular

• Out of House Committee: 5/11/09

Caption

Relating to liability for selling or serving alcoholic beverages.

Impact

The revisions mark a significant change in how negligence is determined regarding alcohol-related injuries or damages. By establishing that a clear indication of intoxication can serve as a basis for legal action, HB2720 aims to encourage responsible service of alcohol, thereby potentially decreasing incidents of public intoxication and related accidents. Moreover, adults who furnish alcohol to minors face increased accountability for consequences arising from that intoxication, further showcasing the bill's stringent approach towards alcohol liability.

Summary

House Bill 2720 proposes amendments to the Alcoholic Beverage Code, specifically addressing the liability of individuals and establishments involved in the sale or service of alcoholic beverages. The bill stipulates that individuals who sell or serve alcohol may be held liable if they provide these beverages to someone who is evidently intoxicated. This statute intends to ensure public safety by placing a duty of care on sellers and servers to monitor the condition of their patrons and reduce the incidents of alcohol-related harm.

Contention

While the bill seeks to deter irresponsible alcohol service, it has generated discussions around the extent of liability and the practical implications for businesses. Critics argue that holding servers liable for the actions of intoxicated individuals may deter people from working in establishment roles due to fear of legal repercussions. Moreover, there are concerns regarding the ambiguity in defining 'obviously intoxicated,' which could lead to subjective interpretations and inconsistent applications of the law.

Last_action

As of May 11, 2009, the bill was reported out of the committee and sent to the Calendars for further consideration, indicating ongoing legislative progress.