By: Brimer H.B. No. 146 73R1566 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the liability of a social host for damages proximately 1-3 caused by the intoxication of certain guests. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 2.01(1), Alcoholic Beverage Code, is 1-6 amended to read as follows: 1-7 (1) "Provider" means a person who sells or serves an 1-8 alcoholic beverage under authority of a license or permit issued 1-9 under the terms of this code or who otherwise sells an alcoholic 1-10 beverage to an individual. The term does not include a social 1-11 host. 1-12 SECTION 2. Section 2.02, Alcoholic Beverage Code, is amended 1-13 by adding Subsection (c) to read as follows: 1-14 (c) Subsection (b) of this section does not apply to a 1-15 social host. 1-16 SECTION 3. Chapter 2, Alcoholic Beverage Code, is amended by 1-17 adding Section 2.04 to read as follows: 1-18 Sec. 2.04. LIABILITY OF SOCIAL HOST. (a) A social host is 1-19 not liable for damages, including personal injury, death, or 1-20 property damage, proximately caused by the intoxication of a guest 1-21 who is 18 years of age or older and who is or becomes intoxicated 1-22 while a guest of the host. 1-23 (b) This section does not create liability on the part of a 1-24 social host. 2-1 SECTION 4. This Act applies only to damages arising on or 2-2 after the effective date of this Act. Damages arising before the 2-3 effective date of this Act are governed by the law in effect at the 2-4 time the damages arose and that law is continued in effect for that 2-5 purpose. 2-6 SECTION 5. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended, 2-11 and that this Act take effect and be in force from and after its 2-12 passage, and it is so enacted.