81R14035 AJA-F
By: Frost H.B. No. 3867
A BILL TO BE ENTITLED
AN ACT
relating to allocation of responsibility for damages arising out of
the sale or service of alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Alcoholic Beverage Code, is amended
by adding Section 2.04 to read as follows:
Sec. 2.04. JOINT AND SEVERAL LIABILITY. Notwithstanding
Chapter 33, Civil Practice and Remedies Code, a provider of
alcoholic beverages is jointly and severally liable for damages in
an action under this chapter.
SECTION 2. The change in law made by this Act applies only
to an action commenced on or after the effective date of this Act.
An action commenced before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. 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.