By Gray                                               H.B. No. 2732
         77R3035 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to civil liability of alcoholic beverage providers for
 1-3     providing alcoholic beverages to certain individuals.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2.03, Alcoholic Beverage Code, is amended
 1-6     to read as follows:
 1-7           Sec. 2.03.  EXCLUSIVITY OF STATUTORY REMEDY.  (a)  Except as
 1-8     provided by Subsection (b), the [The] liability of providers under
 1-9     this chapter for the actions of their customers, members, or guests
1-10     who are or become intoxicated is in lieu of common law or other
1-11     statutory law warranties and duties of providers of alcoholic
1-12     beverages.
1-13           (b)  Notwithstanding any other provision of law, the
1-14     liability of a provider under this chapter for the actions of a
1-15     minor under the age of 18 years, an employee of the provider, or
1-16     any other person not described by Subsection (a) is in addition to
1-17     any existing common law or other statutory law warranty or duty of
1-18     providers of alcoholic beverages, including a warranty or duty that
1-19     existed before June 11, 1987.
1-20           (c)  This chapter does not impose obligations on a provider
1-21     of alcoholic beverages other than those expressly stated in this
1-22     chapter.
1-23           (d)  This chapter provides the exclusive cause of action for
1-24     providing an alcoholic beverage to a person 18 years of age or
 2-1     older.
 2-2           SECTION 2.  The purpose of this Act is to clarify the intent
 2-3     of the legislature with respect to the applicability of Section
 2-4     2.03, Alcoholic Beverage Code.
 2-5           SECTION 3.  This Act takes effect September 1, 2001.