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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.