Texas 2025 - 89th Regular

Texas House Bill HB5439 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Cain H.B. No. 5439
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to limiting damages recoverable against alcohol beverage
7	9		providers for providing alcohol to certain individuals and
8	10		prohibiting claims by intoxicated persons or their estates for
9	11		injuries or death resulting from their own intoxication.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 106.14(a), Alcoholic Beverage Code, is
12	14		amended by amending Subsection (a) and adding Subsection (a-1) as
13	15		follows:
14	16		(a) For purposes of this chapter and any other provision of
15	17		this code relating to the sales, service, dispensing, or delivery
16	18		of alcoholic beverages to a person who is not a member of a private
17	19		club on the club premises, a minor, or an intoxicated person or the
18	20		consumption of alcoholic beverages by a person who is not a member
19	21		of a private club on the club premises, a minor, or an intoxicated
20	22		person, the actions of an employee shall not be attributable to the
21	23		employer if:
22	24		(1) the employer requires its employees to attend a
23	25		commission-approved seller training program;
24	26		(2) the employee has actually attended such a training
25	27		program; and
26	28		(3) the employer has not directly [or indirectly]
27	29		encouraged the employee to violate such law.
28	30		(a-1) For the purposes of this section, "employees" means
29	31		those employees that serve alcohol as part of their employment. The
30	32		term "employees" does not include those that do not serve alcohol as
31	33		part of their employment, including, but not limited to, cooks,
32	34		hosts, food runners, and dishwashers.
33	35		SECTION 2. Sections 2.01(2), Alcoholic Beverage Code, is
34	36		amended to read as follows:
35	37		(2) "Provision" includes, but is not limited to, the
36	38		sale or service of an alcoholic beverage. "Provision" does not
37	39		include the sale or service of food, beverages, or other items that
38	40		do not contain alcohol.
39	41		SECTION 3. Section 2.03, Alcoholic Beverage Code, is
40	42		amended by adding Subsection (d) to read as follows:
41	43		(d) Exemplary damages are not recoverable for a violation of
42	44		this chapter.
43	45		SECTION 4. Chapter 2, Alcoholic Beverage Code, is amended
44	46		by adding Section 2.04 to read as follows:
45	47		Sec. 2.04. RECOVERY BY INTOXICATED PERSONS. (a)
46	48		Notwithstanding any other provision of this chapter, a person who
47	49		becomes intoxicated as a result of consuming alcoholic beverages
48	50		provided by a provider licensed under this code, or their heirs,
49	51		assigns, or estate, shall have no cause of action against the
50	52		provider for damages arising from personal injury or death
51	53		sustained by the intoxicated person as a result of their own
52	54		intoxication.
53	55		(b) This limitation of liability does not affect the right
54	56		of an injured third party to bring a cause of action against a
55	57		provider under this chapter, nor does it affect the liability of an
56	58		adult that serves alcohol to a minor in violation of this chapter.
57	59		SECTION 5. The change in law made by this Act applies only
58	60		to a cause of action that accrues on or after the effective date of
59	61		this Act. A cause of action that accrues before the effective date
60	62		of this Act is governed by the law in effect immediately before that
61	63		date, and that law is continued in effect for that purpose.
62	64		SECTION 6. This Act takes effect September 1, 2025.