Bill Explanation: 85R9123 JAM-F

By: Hancock

S.B. No. 875

An Act relating to civil liability for damages caused by a person while intoxicated or otherwise related to the person's intoxication.

This bill is called the Drunk Driver Liability Act.

Section 2.01, Alcoholic Beverage Code

This section defines certain terms used in the chapter:

1. Claimant: refers to a party seeking recovery of damages.
2. Obviously intoxicated person: an individual who was sold or served an alcoholic beverage while being obviously intoxicated and posed a clear danger to themselves and others.
3. Provider: a person who sells or serves alcoholic beverages or otherwise provides them to someone.
4. Provision: includes the sale or service of an alcoholic beverage.

Section 2.02, Alcoholic Beverage Code

This section is amended to add three subsections:

1. (d): An action against a provider cannot be initiated unless the allegedly intoxicated person is named as a defendant and remains a part of the action until it concludes.
2. (e): There is a rebuttable presumption that a provider, other than the one who last sold or served an alcoholic beverage to the intoxicated person, has not committed an act that gives rise to a cause of action.
3. (f): A person does not have a cause of action against a provider if they are the allegedly intoxicated person or if they purchased or provided the alcoholic beverage to the allegedly intoxicated person.

Chapter 2, Alcoholic Beverage Code

This chapter is amended by adding new sections:

1. Sec. 2.04: A claimant must provide written notice to all potential defendants within 120 days after entering into an attorney-client relationship for pursuing a claim. Failure to give notice may result in a claim's dismissal unless sufficient information for determining liability was not known within the prescribed time.
2. Sec. 2.05: All defenses available to the allegedly intoxicated person are also available to the provider.
3. Sec. 2.06: Damages, along with the costs of the action, can be recovered in an action under this chapter, except for certain damages such as loss of financial support, services, parental training, guidance, love, society, or companionship.
4. Sec. 2.07: In case of the death of either party, the right of action under this chapter survives to or against the party's personal representative. The general reputation of the relationship between spouses, child, or parent is considered evidence of the relation. The amount recovered by a spouse, child, or parent belongs solely to the person who recovers it.
5. Sec. 2.08: A person must file a lawsuit under this chapter within two years after the cause of action has accrued.

Section 5

The change in law made by this Act only applies to causes of action that occur after the effective date of the Act. Any causes of action that occurred before the Act's effective date are governed by the previous law.

Section 6

This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house. If it does not receive the necessary vote, it takes effect on September 1, 2017.