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.