HBA-NRS H.B. 959 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 959 By: Burnam Licensing & Administrative Procedures 2/23/2001 Introduced BACKGROUND AND PURPOSE Drunk drivers account for numerous deaths and injuries annually in Texas. Serving alcohol in Texas is a privilege and not a right. The prevention of drunk driving and other intoxication-related injuries is the responsibility of all citizens, particularly alcoholic beverage licensees who may be in a position to prevent their patrons from consuming too much alcohol. House Bill 959 sets forth that providers of alcoholic beverages are responsible for damages caused by an intoxicated person to whom a provider has served alcohol if the provider knew, or should have known, that the person served an alcoholic beverage was intoxicated at the time the alcoholic beverage was provided. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 959 amends the Alcoholic Beverage Code to increase the standard of accountability such that a provider of alcoholic beverages knew or, in the exercise of reasonable diligence, should have known that a person was intoxicated to a dangerous extent. The bill prohibits a person who is 21 years of age or older and who voluntarily becomes intoxicated from bringing a cause of action against a provider who provides, sells, or serves alcoholic beverages to the person. The bill increases the age from 18 to 21 years for which a person has an exclusive statutory cause of action against a provider of alcoholic beverages if personal injury or property damage occurred. The bill provides that the actions of an employee may be attributable to an employer even if the employer has instituted a Texas Alcoholic Beverage Commission-approved seller training program. EFFECTIVE DATE September 1, 2001.