81R9656 AJA-F
By: Howard of Travis H.B. No. 2720
A BILL TO BE ENTITLED
AN ACT
relating to liability for selling or serving alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.02, Alcoholic Beverage Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(d) to read as follows:
(b) Providing, selling, or serving an alcoholic beverage to
an individual, regardless of the individual's age, 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 the individual [he] presented a clear danger to the individual
or [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) sold, 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 sold, served, or
provided any of the alcoholic beverages that contributed to the
minor's intoxication [on the premises owned or leased by the
adult].
(d) A person who commits an offense under Section 106.03 by
selling an alcoholic beverage to a minor is liable for damages
proximately caused by the intoxication of the minor if the
alcoholic beverage sold to the minor contributed to the minor's
intoxication.
SECTION 2. Section 2.03(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) This chapter provides the exclusive cause of action for
providing an alcoholic beverage to a person 21 [18] years of age or
older.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.