By Garcia                                       H.B. No. 1970

      75R5977 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the joint liability of certain defendants in civil

 1-3     actions for the provision, sale, or service of an alcoholic

 1-4     beverage to an intoxicated person.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 33.013, Civil Practice and Remedies Code,

 1-7     is amended to read as follows:

 1-8           Sec. 33.013.  AMOUNT OF LIABILITY.  (a)  Except as provided

 1-9     in Subsections (b), [and] (c), and (d), a liable defendant is

1-10     liable to a  claimant only for the percentage of the damages found

1-11     by the trier of fact equal to that defendant's percentage of

1-12     responsibility with respect to the personal injury, property

1-13     damage, death, or other harm for which the damages are allowed.

1-14           (b)  Notwithstanding Subsection (a), each liable defendant

1-15     is, in addition to his liability under Subsection (a), jointly and

1-16     severally liable for the damages recoverable by the claimant under

1-17     Section 33.012 with respect to a cause of action if the percentage

1-18     of responsibility attributed to the defendant is greater than 50

1-19     percent.

1-20           (c)  Notwithstanding Subsections (a) and (b), each liable

1-21     defendant is, in addition to his liability under Subsection (a),

1-22     jointly and severally liable for the damages recoverable by the

1-23     claimant under Section 33.012 with respect to a cause of action if

1-24     the percentage of responsibility attributed to the defendant is

 2-1     equal to or greater than 15 percent and:

 2-2                 (1)  the claimant's personal injury, property damage,

 2-3     death, or other harm is caused by the depositing, discharge, or

 2-4     release into the environment of any hazardous or harmful substance

 2-5     as described in Section 33.011(7); or

 2-6                 (2)  the claimant's personal injury, property damage,

 2-7     death, or other harm resulted from a toxic tort.

 2-8           (d)  Notwithstanding Subsections (a) and (b), a defendant

 2-9     liable to a claimant under Section 2.02, Alcoholic Beverage Code,

2-10     is, in addition to his liability under Subsection (a), jointly and

2-11     severally liable for the damages recoverable by the claimant under

2-12     Section 33.012 with respect to a cause of action if the percentage

2-13     of responsibility attributed to the defendant is equal to or

2-14     greater than five percent.

2-15           (e)  This section does not create a cause of action.

2-16           SECTION 2.  This Act takes effect September 1, 1997, and

2-17     applies only to a cause of action that accrues on or after the

2-18     effective date of this Act.  An action that accrues before the

2-19     effective date of this Act is governed by the law applicable to the

2-20     action immediately before the effective date of this Act, and that

2-21     law is continued in effect for that purpose.

2-22           SECTION 3.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

2-26     days in each house be suspended, and this rule is hereby suspended.