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.