Bill Text: TX SB875 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to civil liability for damages caused by a person while intoxicated or otherwise related to the person's intoxication.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-27 - Referred to Business & Commerce [SB875 Detail]

Download: Texas-2017-SB875-Introduced.html
  85R9123 JAM-F
 
  By: Hancock S.B. No. 875
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil liability for damages caused by a person while
  intoxicated or otherwise related to the person's intoxication.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Drunk Driver
  Liability Act.
         SECTION 2.  Section 2.01, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 2.01.  DEFINITIONS. In this chapter:
               (1)  "Claimant" means a party, including a claimant,
  counterclaimant, cross-claimant, or third-party claimant, seeking
  recovery of damages.
               (2)  "Obviously intoxicated person" means an
  individual who has been sold, served, or provided with an alcoholic
  beverage when the person was obviously intoxicated to the extent
  that the person presented a clear danger to himself or herself and
  to others.
               (3)  "Provider" means a person who sells or serves an
  alcoholic beverage under authority of a license or permit issued
  under the terms of this code or who otherwise sells an alcoholic
  beverage to an individual.
               (4) [(2)]  "Provision" includes, but is not limited to,
  the sale or service of an alcoholic beverage.
         SECTION 3.  Section 2.02, Alcoholic Beverage Code, is
  amended by adding Subsections (d), (e), and (f) to read as follows:
         (d)  An action against a provider under Subsection (b) may
  not be commenced unless the alleged obviously intoxicated person is
  a named defendant in the action and is retained in the action until
  the litigation is concluded by trial or settlement.
         (e)  There is a rebuttable presumption that a provider, other
  than the provider who last sold, served, or provided an alcoholic
  beverage to an alleged obviously intoxicated person, has not
  committed an act giving rise to a cause of action under Subsection
  (b).
         (f)  A person does not have a cause of action against a
  provider under Subsection (b) if the person:
               (1)  is the alleged obviously intoxicated person; or
               (2)  purchased an alcoholic beverage for or provided an
  alcoholic beverage to the alleged obviously intoxicated person.
         SECTION 4.  Chapter 2, Alcoholic Beverage Code, is amended
  by adding Sections 2.04, 2.05, 2.06, 2.07, and 2.08 to read as
  follows:
         Sec. 2.04.  NOTICE REQUIRED. (a) A claimant seeking damages
  under this chapter must give written notice to all potential
  defendants not later than the 120th day after the date the claimant
  enters into an attorney-client relationship for the purpose of
  pursuing a claim under this chapter. 
         (b)  Failure to give written notice in the time prescribed by
  Subsection (a) is grounds for dismissal of a claim against any
  defendant that did not receive that notice unless sufficient
  information for determining that the defendant might be liable
  under this chapter was not known and could not reasonably have been
  known within that time.
         Sec. 2.05.  DEFENSES. All defenses available to the alleged
  obviously intoxicated person shall be available to the provider.
         Sec. 2.06.  RECOVERY OF DAMAGES. (a) Except as provided by
  Subsection (b), damages, together with the costs of the action, may
  be recovered in an action under this chapter.
         (b)  A person may not recover damages under Section 2.02(b)
  for the loss of financial support, services, gifts, parental
  training, guidance, love, society, or companionship of the alleged
  obviously intoxicated person.
         (c)  If a parent of an individual injured by an alleged
  obviously intoxicated person is entitled to damages under this
  chapter, each parent may sue separately, but recovery by one is a
  bar to action by the other.
         Sec. 2.07.  SURVIVAL OF CAUSE OF ACTION. (a) In the event of
  the death of either party, the right of action under this chapter
  shall survive to or against that party's personal representative. 
         (b)  In an action by a spouse, child, or parent:
               (1)  the general reputation of the relation of the
  spouses or the child and parent is prima facie evidence of the
  relation; and
               (2)  the amount recovered by the spouse, child, or
  parent is the sole and separate property of the person who recovers
  it.
         Sec. 2.08.  STATUTE OF LIMITATIONS. A person must bring suit
  under this chapter not later than two years after the day the cause
  of action accrues.
         SECTION 5.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act. A cause of action that accrued before the effective date
  of this Act is governed by the law applicable to the cause of action
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
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