1 | 1 | | 84R391 AJA-F |
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2 | 2 | | By: King of Taylor H.B. No. 770 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to civil liability for the provision of an alcoholic |
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8 | 8 | | beverage to a minor. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 2.02(c), Alcoholic Beverage Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | (c) An adult 21 years of age or older is liable for damages |
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13 | 13 | | proximately caused by the intoxication of a minor [under the age of |
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14 | 14 | | 18] if: |
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15 | 15 | | (1) the adult is not: |
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16 | 16 | | (A) the minor's parent, guardian, or spouse; or |
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17 | 17 | | (B) an adult in whose custody the minor has been |
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18 | 18 | | committed by a court; and |
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19 | 19 | | (2) the adult knowingly: |
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20 | 20 | | (A) served or provided to the minor any of the |
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21 | 21 | | alcoholic beverages that contributed to the minor's intoxication; |
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22 | 22 | | or |
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23 | 23 | | (B) allowed the minor to be served or provided |
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24 | 24 | | any of the alcoholic beverages that contributed to the minor's |
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25 | 25 | | intoxication on the premises owned or leased by the adult. |
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26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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27 | 27 | | to a cause of action that accrues on or after the effective date of |
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28 | 28 | | this Act. A cause of action that accrued before the effective date |
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29 | 29 | | of this Act is governed by the law applicable to the cause of action |
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30 | 30 | | immediately before the effective date of this Act, and that law is |
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31 | 31 | | continued in effect for that purpose. |
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32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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36 | 36 | | Act takes effect September 1, 2015. |
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