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A BILL TO BE ENTITLED
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AN ACT
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relating to allocation of responsibility for damages arising out of |
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the sale or service of alcoholic beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Alcoholic Beverage Code, is amended |
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by adding Section 2.04 to read as follows: |
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Sec. 2.04. JOINT AND SEVERAL LIABILITY. (a) |
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Notwithstanding Chapter 33, Civil Practice and Remedies Code, and |
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except as provided by Subsection (b), a provider of alcoholic |
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beverages against whom damages are awarded in an action under this |
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chapter is jointly and severally liable for all damages awarded in |
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the action. |
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(b) This section does not apply to a provider of alcoholic |
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beverages who: |
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(1) can show that: |
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(A) at the time the cause of action accrued, the |
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provider held a food and beverage certificate under Section 69.16; |
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(B) alcohol sales constitute less than 50 percent |
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of the provider's gross yearly receipts for the year preceding the |
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date on which the cause of action accrued; |
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(C) the provider is primarily operating as a food |
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service establishment; and |
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(D) the provider does not maintain a portion of |
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the provider's premises designed primarily for the consumption of |
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alcoholic beverages; or |
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(2) holds a retail dealer's off-premise license under |
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Chapter 71. |
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SECTION 2. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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An action commenced before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |