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.