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.