By:  Frost, Rose, Martinez Fischer,                               H.B. No. 2868
 
    Van Arsdale, et al.                                                      


A BILL TO BE ENTITLED

AN ACT

relating to civil liability for provision of alcohol to a minor.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2.02, Alcoholic Beverage Code, is 
amended by adding Subsection (c) to read as follows:
	(c)  An adult 21 years of age or older is liable for damages 
proximately caused by the intoxication of a minor under the age of 
18 if:
		(1)  the adult is not:                                                 
			(A)  the minor's parent, guardian, or spouse; or                      
			(B)  an adult in whose custody the minor has been 
committed by a court; and
		(2)  the adult knowingly:                                              
			(A)  served or provided to the minor any of the 
alcoholic beverages that contributed to the minor's intoxication; 
or
			(B)  allowed the minor to be served or provided 
any of the alcoholic beverages that contributed to the minor's 
intoxication on the premises owned or leased by the adult.
	SECTION 2.  The change in law made by this Act applies only 
to a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrues before the effective date 
of this Act is governed by the law in effect immediately before that 
date, and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.