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.