79R43 AJA-D
By: Hinojosa S.B. No. 753
A BILL TO BE ENTITLED
AN ACT
relating to the liability of a social host for providing alcohol to
a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.01, Alcoholic Beverage Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Social host" means a person, other than a person
described by Subdivision (1), who, on premises owned by the person
or at which the person resides, provides or serves an alcoholic
beverage to an individual.
SECTION 2. Section 2.02, Alcoholic Beverage Code, is
amended by adding Subsection (c) to read as follows:
(c) The provision or service of an alcoholic beverage by a
social host to an individual under 18 years of age may be made the
basis of a statutory cause of action under this chapter on proof
that:
(1) at the time the provision or service of the
alcoholic beverage occurred it was apparent to the social host that
the recipient of the beverage was obviously intoxicated to the
extent that the recipient presented a clear danger to the recipient
and others; and
(2) the intoxication of the recipient was a proximate
cause of the damages suffered.
SECTION 3. Sections 2.03(a) and (b), Alcoholic Beverage
Code, are amended to read as follows:
(a) The liability of providers and social hosts under this
chapter for the actions of their employees, customers, members, or
guests who are or become intoxicated is in lieu of common law or
other statutory law warranties and duties of providers of alcoholic
beverages and social hosts.
(b) This chapter does not impose obligations on a provider
of alcoholic beverages or social host other than those expressly
stated in this chapter.
SECTION 4. 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 5. This Act takes effect September 1, 2005.