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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for damages caused by a person while |
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intoxicated or otherwise related to the person's intoxication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Drunk Driver |
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Liability Act. |
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SECTION 2. Section 2.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 2.01. DEFINITIONS. In this chapter: |
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(1) "Claimant" means a party, including a claimant, |
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counterclaimant, cross-claimant, or third-party claimant, seeking |
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recovery of damages. |
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(2) "Obviously intoxicated person" means an |
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individual who has been sold, served, or provided with an alcoholic |
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beverage when the person was obviously intoxicated to the extent |
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that the person presented a clear danger to himself or herself and |
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to others. |
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(3) "Provider" means a person who sells or serves an |
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alcoholic beverage under authority of a license or permit issued |
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under the terms of this code or who otherwise sells an alcoholic |
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beverage to an individual. |
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(4) [(2)] "Provision" includes, but is not limited to, |
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the sale or service of an alcoholic beverage. |
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SECTION 3. Section 2.02, Alcoholic Beverage Code, is |
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amended by adding Subsections (d), (e), and (f) to read as follows: |
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(d) An action against a provider under Subsection (b) may |
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not be commenced unless the alleged obviously intoxicated person is |
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a named defendant in the action and is retained in the action until |
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the litigation is concluded by trial or settlement. |
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(e) There is a rebuttable presumption that a provider, other |
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than the provider who last sold, served, or provided an alcoholic |
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beverage to an alleged obviously intoxicated person, has not |
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committed an act giving rise to a cause of action under Subsection |
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(b). |
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(f) A person does not have a cause of action against a |
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provider under Subsection (b) if the person: |
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(1) is the alleged obviously intoxicated person; or |
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(2) purchased an alcoholic beverage for or provided an |
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alcoholic beverage to the alleged obviously intoxicated person. |
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SECTION 4. Chapter 2, Alcoholic Beverage Code, is amended |
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by adding Sections 2.04, 2.05, 2.06, 2.07, and 2.08 to read as |
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follows: |
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Sec. 2.04. NOTICE REQUIRED. (a) A claimant seeking damages |
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under this chapter must give written notice to all potential |
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defendants not later than the 120th day after the date the claimant |
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enters into an attorney-client relationship for the purpose of |
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pursuing a claim under this chapter. |
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(b) Failure to give written notice in the time prescribed by |
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Subsection (a) is grounds for dismissal of a claim against any |
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defendant that did not receive that notice unless sufficient |
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information for determining that the defendant might be liable |
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under this chapter was not known and could not reasonably have been |
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known within that time. |
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Sec. 2.05. DEFENSES. All defenses available to the alleged |
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obviously intoxicated person shall be available to the provider. |
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Sec. 2.06. RECOVERY OF DAMAGES. (a) Except as provided by |
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Subsection (b), damages, together with the costs of the action, may |
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be recovered in an action under this chapter. |
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(b) A person may not recover damages under Section 2.02(b) |
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for the loss of financial support, services, gifts, parental |
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training, guidance, love, society, or companionship of the alleged |
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obviously intoxicated person. |
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(c) If a parent of an individual injured by an alleged |
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obviously intoxicated person is entitled to damages under this |
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chapter, each parent may sue separately, but recovery by one is a |
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bar to action by the other. |
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Sec. 2.07. SURVIVAL OF CAUSE OF ACTION. (a) In the event of |
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the death of either party, the right of action under this chapter |
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shall survive to or against that party's personal representative. |
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(b) In an action by a spouse, child, or parent: |
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(1) the general reputation of the relation of the |
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spouses or the child and parent is prima facie evidence of the |
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relation; and |
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(2) the amount recovered by the spouse, child, or |
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parent is the sole and separate property of the person who recovers |
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it. |
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Sec. 2.08. STATUTE OF LIMITATIONS. A person must bring suit |
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under this chapter not later than two years after the day the cause |
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of action accrues. |
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SECTION 5. 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 accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 6. 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, 2017. |