H.B. No. 2868
AN ACT
relating to civil liability for provision of alcohol to a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.02, Alcoholic Beverage Code, is
amended by adding Subsection (c) to read as follows:
(c) An adult 21 years of age or older is liable for damages
proximately caused by the intoxication of a minor under the age of
18 if:
(1) the adult is not:
(A) the minor's parent, guardian, or spouse; or
(B) an adult in whose custody the minor has been
committed by a court; and
(2) the adult knowingly:
(A) served or provided to the minor any of the
alcoholic beverages that contributed to the minor's intoxication;
or
(B) allowed the minor to be served or provided
any of the alcoholic beverages that contributed to the minor's
intoxication on the premises owned or leased by the adult.
SECTION 2. 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 accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2868 was passed by the House on May
10, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2868 was passed by the Senate on May
24, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor