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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting damages recoverable against alcohol beverage |
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providers for providing alcohol to certain individuals and |
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prohibiting claims by intoxicated persons or their estates for |
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injuries or death resulting from their own intoxication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.14(a), Alcoholic Beverage Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) as |
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follows: |
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(a) For purposes of this chapter and any other provision of |
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this code relating to the sales, service, dispensing, or delivery |
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of alcoholic beverages to a person who is not a member of a private |
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club on the club premises, a minor, or an intoxicated person or the |
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consumption of alcoholic beverages by a person who is not a member |
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of a private club on the club premises, a minor, or an intoxicated |
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person, the actions of an employee shall not be attributable to the |
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employer if: |
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(1) the employer requires its employees to attend a |
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commission-approved seller training program; |
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(2) the employee has actually attended such a training |
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program; and |
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(3) the employer has not directly [or indirectly] |
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encouraged the employee to violate such law. |
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(a-1) For the purposes of this section, "employees" means |
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those employees that serve alcohol as part of their employment. The |
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term "employees" does not include those that do not serve alcohol as |
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part of their employment, including, but not limited to, cooks, |
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hosts, food runners, and dishwashers. |
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SECTION 2. Sections 2.01(2), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(2) "Provision" includes, but is not limited to, the |
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sale or service of an alcoholic beverage. "Provision" does not |
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include the sale or service of food, beverages, or other items that |
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do not contain alcohol. |
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SECTION 3. Section 2.03, Alcoholic Beverage Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Exemplary damages are not recoverable for a violation of |
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this chapter. |
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SECTION 4. 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. RECOVERY BY INTOXICATED PERSONS. (a) |
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Notwithstanding any other provision of this chapter, a person who |
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becomes intoxicated as a result of consuming alcoholic beverages |
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provided by a provider licensed under this code, or their heirs, |
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assigns, or estate, shall have no cause of action against the |
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provider for damages arising from personal injury or death |
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sustained by the intoxicated person as a result of their own |
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intoxication. |
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(b) This limitation of liability does not affect the right |
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of an injured third party to bring a cause of action against a |
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provider under this chapter, nor does it affect the liability of an |
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adult that serves alcohol to a minor in violation of this chapter. |
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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 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 6. This Act takes effect September 1, 2025. |