85R9123 JAM-F
By: Anderson of Dallas H.B. No. 3869
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for damages caused by a person while
intoxicated or otherwise related to the person's intoxication.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Drunk Driver
Liability Act.
SECTION 2. Section 2.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 2.01. DEFINITIONS. In this chapter:
(1) "Claimant" means a party, including a claimant,
counterclaimant, cross-claimant, or third-party claimant, seeking
recovery of damages.
(2) "Obviously intoxicated person" means an
individual who has been sold, served, or provided with an alcoholic
beverage when the person was obviously intoxicated to the extent
that the person presented a clear danger to himself or herself and
to others.
(3) "Provider" means a person who sells or serves an
alcoholic beverage under authority of a license or permit issued
under the terms of this code or who otherwise sells an alcoholic
beverage to an individual.
(4) [(2)] "Provision" includes, but is not limited to,
the sale or service of an alcoholic beverage.
SECTION 3. Section 2.02, Alcoholic Beverage Code, is
amended by adding Subsections (d), (e), and (f) to read as follows:
(d) An action against a provider under Subsection (b) may
not be commenced unless the alleged obviously intoxicated person is
a named defendant in the action and is retained in the action until
the litigation is concluded by trial or settlement.
(e) There is a rebuttable presumption that a provider, other
than the provider who last sold, served, or provided an alcoholic
beverage to an alleged obviously intoxicated person, has not
committed an act giving rise to a cause of action under Subsection
(b).
(f) A person does not have a cause of action against a
provider under Subsection (b) if the person:
(1) is the alleged obviously intoxicated person; or
(2) purchased an alcoholic beverage for or provided an
alcoholic beverage to the alleged obviously intoxicated person.
SECTION 4. Chapter 2, Alcoholic Beverage Code, is amended
by adding Sections 2.04, 2.05, 2.06, 2.07, and 2.08 to read as
follows:
Sec. 2.04. NOTICE REQUIRED. (a) A claimant seeking damages
under this chapter must give written notice to all potential
defendants not later than the 120th day after the date the claimant
enters into an attorney-client relationship for the purpose of
pursuing a claim under this chapter.
(b) Failure to give written notice in the time prescribed by
Subsection (a) is grounds for dismissal of a claim against any
defendant that did not receive that notice unless sufficient
information for determining that the defendant might be liable
under this chapter was not known and could not reasonably have been
known within that time.
Sec. 2.05. DEFENSES. All defenses available to the alleged
obviously intoxicated person shall be available to the provider.
Sec. 2.06. RECOVERY OF DAMAGES. (a) Except as provided by
Subsection (b), damages, together with the costs of the action, may
be recovered in an action under this chapter.
(b) A person may not recover damages under Section 2.02(b)
for the loss of financial support, services, gifts, parental
training, guidance, love, society, or companionship of the alleged
obviously intoxicated person.
(c) If a parent of an individual injured by an alleged
obviously intoxicated person is entitled to damages under this
chapter, each parent may sue separately, but recovery by one is a
bar to action by the other.
Sec. 2.07. SURVIVAL OF CAUSE OF ACTION. (a) In the event of
the death of either party, the right of action under this chapter
shall survive to or against that party's personal representative.
(b) In an action by a spouse, child, or parent:
(1) the general reputation of the relation of the
spouses or the child and parent is prima facie evidence of the
relation; and
(2) the amount recovered by the spouse, child, or
parent is the sole and separate property of the person who recovers
it.
Sec. 2.08. STATUTE OF LIMITATIONS. A person must bring suit
under this chapter not later than two years after the day the cause
of action accrues.
SECTION 5. 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 accrued before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 6. 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, 2017.