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.