By Burnam                                              H.B. No. 959
         77R718 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to civil liability for serving alcoholic beverages.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 2.02, Alcoholic Beverage Code, is amended
 1-5     by amending Subsection (b) and adding Subsection (c) to read as
 1-6     follows:
 1-7           (b)  Providing, selling, or serving an alcoholic beverage may
 1-8     be made the basis of a statutory cause of action under this chapter
 1-9     and may be made the basis of a revocation proceeding under Section
1-10     6.01(b) of this code upon proof that:
1-11                 (1)  at the time the provision occurred [it was
1-12     apparent to] the provider knew or, in the exercise of reasonable
1-13     diligence, should have known that the individual being sold,
1-14     served, or provided with an alcoholic beverage was [obviously]
1-15     intoxicated to the extent that the individual [he] presented a
1-16     clear danger to the individual [himself] and others; and
1-17                 (2)  the intoxication of the recipient of the alcoholic
1-18     beverage was a proximate cause of the damages suffered.
1-19           (c)  A person who is 21 years of age or older and who
1-20     voluntarily becomes intoxicated may not bring a cause of action
1-21     under this chapter against a provider who provides, sells, or
1-22     serves alcoholic beverages to the person.
1-23           SECTION 2.  Section 2.03, Alcoholic Beverage Code, is amended
1-24     to read as follows:
 2-1           Sec. 2.03.  STATUTORY REMEDY.  (a)  The liability of
 2-2     providers under this chapter for the actions of their customers,
 2-3     members, or guests who are or become intoxicated is in lieu of
 2-4     common law or other statutory law warranties and duties of
 2-5     providers of alcoholic beverages.
 2-6           (b)  This chapter does not impose obligations on a provider
 2-7     of alcoholic beverages other than those expressly stated in this
 2-8     chapter.
 2-9           (c)  This chapter provides the exclusive cause of action for
2-10     providing an alcoholic beverage to a person 21 [18] years of age or
2-11     older.
2-12           SECTION 3.  Section 106.14, Alcoholic Beverage Code, is
2-13     amended by adding Subsection (e) to read as follows:
2-14           (e)  This section does not apply to a cause of action arising
2-15     under Chapter 2.
2-16           SECTION 4.  This Act takes effect September 1, 2001, and
2-17     applies only to a cause of action that accrues on or after the
2-18     effective date of this Act.  A cause of action that accrues before
2-19     the effective date of this Act is governed by the law as it existed
2-20     immediately before the effective date of this Act, and that law is
2-21     continued in effect for that purpose.