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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. Notwithstanding |
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Chapter 33, Civil Practice and Remedies Code, a provider of |
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alcoholic beverages is jointly and severally liable for damages in |
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an action under this chapter. |
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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, 2009. |