HBA-MSH, DMH C.S.H.B. 2732 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2732
By: Gray
Licensing & Administrative Procedures
5/7/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Alcoholic Beverage Code provides a remedy for a person injured as a
result of being sold or served alcoholic beverages by a commercial vendor.
However, the liability of providers is limited to the actions of their
customers, members, or guests.  C.S.H.B. 2732 extends the liability of a
provider of alcoholic beverages to include the actions of an employee and
specifies that liability is limited to the actions of employees, customers,
members, or guests who are 21 years of age or older. 

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

C.S.H.B. 2732 amends the Alcoholic Beverage Code to provide that the
liability of a  provider of alcoholic beverages for the actions of the
providers employees, customers, members, or guests who are 21 years of age
or older and who are or become intoxicated is in lieu of common law or
other statutory law warranties and duties of providers of alcoholic
beverages.  The bill also provides that the provisions relating to civil
liabilities for serving beverages provide the exclusive cause of action for
providing an alcoholic beverage to a person 21 rather than 18 years of age
or older. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2732 differs from the original by limiting the liability of a
provider of alcoholic beverages to the actions of employees, customers,
members, or guests 21 years of age or older who are or become intoxicated
rather than minors under the age of 18 or any other person.  The substitute
provides that the provisions relating to civil liabilities for serving
beverages provide exclusive cause of action for providing an alcoholic
beverage to a person 21 rather than 18 years of age or older.