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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for selling or serving alcoholic beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.02, Alcoholic Beverage Code, is |
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amended by amending Subsections (b) and (c) and adding Subsection |
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(d) to read as follows: |
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(b) Providing, selling, or serving an alcoholic beverage to |
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an individual, regardless of the individual's age, may be made the |
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basis of a statutory cause of action under this chapter and may be |
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made the basis of a revocation proceeding under Section 6.01(b) [of
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this code] upon proof that: |
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(1) at the time the provision occurred it was apparent |
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to the provider that the individual being sold, served, or provided |
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with an alcoholic beverage was obviously intoxicated to the extent |
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that the individual [he] presented a clear danger to the individual |
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or [himself and] others; and |
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(2) the intoxication of the recipient of the alcoholic |
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beverage was a proximate cause of the damages suffered. |
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(c) An adult 21 years of age or older is liable for damages |
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proximately caused by the intoxication of a minor [under the age of
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18] if: |
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(1) the adult is not: |
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(A) the minor's parent, guardian, or spouse; or |
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(B) an adult in whose custody the minor has been |
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committed by a court; and |
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(2) the adult knowingly: |
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(A) sold, served, or provided to the minor any of |
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the alcoholic beverages that contributed to the minor's |
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intoxication; or |
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(B) allowed the minor to be sold, served, or |
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provided any of the alcoholic beverages that contributed to the |
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minor's intoxication [on the premises owned or leased by the
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adult]. |
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(d) A person who commits an offense under Section 106.03 by |
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selling an alcoholic beverage to a minor is liable for damages |
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proximately caused by the intoxication of the minor if the |
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alcoholic beverage sold to the minor contributed to the minor's |
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intoxication. |
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SECTION 2. Section 2.03(c), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(c) This chapter provides the exclusive cause of action for |
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providing an alcoholic beverage to a person 21 [18] years of age or |
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older. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. 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, 2009. |