Texas 2017 - 85th Regular

Texas House Bill HB3869 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9123 JAM-F
2	2	By: Anderson of Dallas H.B. No. 3869
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil liability for damages caused by a person while
8	8	intoxicated or otherwise related to the person's intoxication.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Drunk Driver
11	11	Liability Act.
12	12	SECTION 2. Section 2.01, Alcoholic Beverage Code, is
13	13	amended to read as follows:
14	14	Sec. 2.01. DEFINITIONS. In this chapter:
15	15	(1) "Claimant" means a party, including a claimant,
16	16	counterclaimant, cross-claimant, or third-party claimant, seeking
17	17	recovery of damages.
18	18	(2) "Obviously intoxicated person" means an
19	19	individual who has been sold, served, or provided with an alcoholic
20	20	beverage when the person was obviously intoxicated to the extent
21	21	that the person presented a clear danger to himself or herself and
22	22	to others.
23	23	(3) "Provider" means a person who sells or serves an
24	24	alcoholic beverage under authority of a license or permit issued
25	25	under the terms of this code or who otherwise sells an alcoholic
26	26	beverage to an individual.
27	27	(4) [(2)] "Provision" includes, but is not limited to,
28	28	the sale or service of an alcoholic beverage.
29	29	SECTION 3. Section 2.02, Alcoholic Beverage Code, is
30	30	amended by adding Subsections (d), (e), and (f) to read as follows:
31	31	(d) An action against a provider under Subsection (b) may
32	32	not be commenced unless the alleged obviously intoxicated person is
33	33	a named defendant in the action and is retained in the action until
34	34	the litigation is concluded by trial or settlement.
35	35	(e) There is a rebuttable presumption that a provider, other
36	36	than the provider who last sold, served, or provided an alcoholic
37	37	beverage to an alleged obviously intoxicated person, has not
38	38	committed an act giving rise to a cause of action under Subsection
39	39	(b).
40	40	(f) A person does not have a cause of action against a
41	41	provider under Subsection (b) if the person:
42	42	(1) is the alleged obviously intoxicated person; or
43	43	(2) purchased an alcoholic beverage for or provided an
44	44	alcoholic beverage to the alleged obviously intoxicated person.
45	45	SECTION 4. Chapter 2, Alcoholic Beverage Code, is amended
46	46	by adding Sections 2.04, 2.05, 2.06, 2.07, and 2.08 to read as
47	47	follows:
48	48	Sec. 2.04. NOTICE REQUIRED. (a) A claimant seeking damages
49	49	under this chapter must give written notice to all potential
50	50	defendants not later than the 120th day after the date the claimant
51	51	enters into an attorney-client relationship for the purpose of
52	52	pursuing a claim under this chapter.
53	53	(b) Failure to give written notice in the time prescribed by
54	54	Subsection (a) is grounds for dismissal of a claim against any
55	55	defendant that did not receive that notice unless sufficient
56	56	information for determining that the defendant might be liable
57	57	under this chapter was not known and could not reasonably have been
58	58	known within that time.
59	59	Sec. 2.05. DEFENSES. All defenses available to the alleged
60	60	obviously intoxicated person shall be available to the provider.
61	61	Sec. 2.06. RECOVERY OF DAMAGES. (a) Except as provided by
62	62	Subsection (b), damages, together with the costs of the action, may
63	63	be recovered in an action under this chapter.
64	64	(b) A person may not recover damages under Section 2.02(b)
65	65	for the loss of financial support, services, gifts, parental
66	66	training, guidance, love, society, or companionship of the alleged
67	67	obviously intoxicated person.
68	68	(c) If a parent of an individual injured by an alleged
69	69	obviously intoxicated person is entitled to damages under this
70	70	chapter, each parent may sue separately, but recovery by one is a
71	71	bar to action by the other.
72	72	Sec. 2.07. SURVIVAL OF CAUSE OF ACTION. (a) In the event of
73	73	the death of either party, the right of action under this chapter
74	74	shall survive to or against that party's personal representative.
75	75	(b) In an action by a spouse, child, or parent:
76	76	(1) the general reputation of the relation of the
77	77	spouses or the child and parent is prima facie evidence of the
78	78	relation; and
79	79	(2) the amount recovered by the spouse, child, or
80	80	parent is the sole and separate property of the person who recovers
81	81	it.
82	82	Sec. 2.08. STATUTE OF LIMITATIONS. A person must bring suit
83	83	under this chapter not later than two years after the day the cause
84	84	of action accrues.
85	85	SECTION 5. The change in law made by this Act applies only
86	86	to a cause of action that accrues on or after the effective date of
87	87	this Act. A cause of action that accrued before the effective date
88	88	of this Act is governed by the law applicable to the cause of action
89	89	immediately before the effective date of this Act, and that law is
90	90	continued in effect for that purpose.
91	91	SECTION 6. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2017.