Texas Senate Bill SB875

Texas 2017 - 85th Regular

Caption

Relating to civil liability for damages caused by a person while intoxicated or otherwise related to the person's intoxication.

Impact

One significant change introduced by SB875 is the requirement that a claimant must include the obviously intoxicated person as a named defendant in any lawsuit against the provider, which could potentially complicate or deter legal action. Additionally, the bill establishes a rebuttable presumption that certain providers, excluding the last one who served alcoholic beverages to the intoxicated person, did not act negligently. These provisions could lead to a decrease in the number of successful claims against alcohol servers and modify the way civil liability cases involving intoxication are approached in Texas.

Summary

SB875, also known as the Drunk Driver Liability Act, addresses civil liability for damages resulting from actions taken by individuals who are intoxicated. The bill is designed to hold alcohol providers accountable when they serve drinks to individuals who are clearly intoxicated and pose a danger to themselves or others. It modifies existing laws within the Alcoholic Beverage Code, particularly focusing on when and how civil actions can be initiated against these providers. The bill aims to clarify the responsibilities of providers in such situations.

Contention

Notably, the bill has raised concerns among advocacy groups who argue that it may provide excessive protections to alcohol providers, limiting the avenues available for victims seeking redress. Critics assert that by placing stringent requirements on lawsuits, the bill potentially undermines accountability for establishments that serve alcohol. The measure's implications for public safety and legal recourse in cases of drunk driving and public intoxication are central points of contention in legislative discussions surrounding SB875.