Texas 2009 - 81st Regular

Texas House Bill HB2720 Compare Versions

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Old	New	Differences
1	1	81R9656 AJA-F
2	2	By: Howard of Travis, Gattis H.B. No. 2720
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to liability for selling or serving alcoholic beverages.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2.02, Alcoholic Beverage Code, is
10	10	amended by amending Subsections (b) and (c) and adding Subsection
11	11	(d) to read as follows:
12	12	(b) Providing, selling, or serving an alcoholic beverage to
13	13	an individual, regardless of the individual's age, may be made the
14	14	basis of a statutory cause of action under this chapter and may be
15	15	made the basis of a revocation proceeding under Section 6.01(b) [of
16	16	this code] upon proof that:
17	17	(1) at the time the provision occurred it was apparent
18	18	to the provider that the individual being sold, served, or provided
19	19	with an alcoholic beverage was obviously intoxicated to the extent
20	20	that the individual [he] presented a clear danger to the individual
21	21	or [himself and] others; and
22	22	(2) the intoxication of the recipient of the alcoholic
23	23	beverage was a proximate cause of the damages suffered.
24	24	(c) An adult 21 years of age or older is liable for damages
25	25	proximately caused by the intoxication of a minor [under the age of
26	26	18] if:
27	27	(1) the adult is not:
28	28	(A) the minor's parent, guardian, or spouse; or
29	29	(B) an adult in whose custody the minor has been
30	30	committed by a court; and
31	31	(2) the adult knowingly:
32	32	(A) sold, served, or provided to the minor any of
33	33	the alcoholic beverages that contributed to the minor's
34	34	intoxication; or
35	35	(B) allowed the minor to be sold, served, or
36	36	provided any of the alcoholic beverages that contributed to the
37	37	minor's intoxication [on the premises owned or leased by the
38	38	adult].
39	39	(d) A person who commits an offense under Section 106.03 by
40	40	selling an alcoholic beverage to a minor is liable for damages
41	41	proximately caused by the intoxication of the minor if the
42	42	alcoholic beverage sold to the minor contributed to the minor's
43	43	intoxication.
44	44	SECTION 2. Section 2.03(c), Alcoholic Beverage Code, is
45	45	amended to read as follows:
46	46	(c) This chapter provides the exclusive cause of action for
47	47	providing an alcoholic beverage to a person 21 [18] years of age or
48	48	older.
49	49	SECTION 3. The change in law made by this Act applies only
50	50	to a cause of action that accrues on or after the effective date of
51	51	this Act. A cause of action that accrues before the effective date
52	52	of this Act is governed by the law in effect immediately before that
53	53	date, and that law is continued in effect for that purpose.
54	54	SECTION 4. This Act takes effect immediately if it receives
55	55	a vote of two-thirds of all the members elected to each house, as
56	56	provided by Section 39, Article III, Texas Constitution. If this
57	57	Act does not receive the vote necessary for immediate effect, this
58	58	Act takes effect September 1, 2009.