HB5439 - Relating to limiting damages recoverable against alcohol beverage providers for providing alcohol to certain individuals and prohibiting claims by intoxicated persons or their estates for injuries or death resulting from their own intoxication.

      By: Cain H.B. No. 5439       A BILL TO BE ENTITLED   AN ACT   relating to limiting damages recoverable against alcohol beverage   providers for providing alcohol to certain individuals and   prohibiting claims by intoxicated persons or their estates for   injuries or death resulting from their own intoxication.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 106.14(a), Alcoholic Beverage Code, is   amended by amending Subsection (a) and adding Subsection (a-1) as   follows:          (a)  For purposes of this chapter and any other provision of   this code relating to the sales, service, dispensing, or delivery   of alcoholic beverages to a person who is not a member of a private   club on the club premises, a minor, or an intoxicated person or the   consumption of alcoholic beverages by a person who is not a member   of a private club on the club premises, a minor, or an intoxicated   person, the actions of an employee shall not be attributable to the   employer if:                (1)  the employer requires its employees to attend a   commission-approved seller training program;                (2)  the employee has actually attended such a training   program; and                (3)  the employer has not directly [ or indirectly ]   encouraged the employee to violate such law.           (a-1)     For the purposes of this section, "employees" means   those employees that serve alcohol as part of their employment.   The   term "employees" does not include those that do not serve alcohol as   part of their employment, including, but not limited to, cooks,   hosts, food runners, and dishwashers.          SECTION 2.  Sections 2.01(2), Alcoholic Beverage Code, is   amended to read as follows:                (2)  "Provision" includes, but is not limited to, the   sale or service of an alcoholic beverage.   "Provision" does not   include the sale or service of food, beverages, or other items that   do not contain alcohol.          SECTION 3.  Section 2.03, Alcoholic Beverage Code, is   amended by adding Subsection (d) to read as follows:           (d)     Exemplary damages are not recoverable for a violation of   this chapter.          SECTION 4.  Chapter 2, Alcoholic Beverage Code, is amended   by adding Section 2.04 to read as follows:           Sec.   2.04.     RECOVERY BY INTOXICATED PERSONS.   (a)     Notwithstanding any other provision of this chapter, a person who   becomes intoxicated as a result of consuming alcoholic beverages   provided by a provider licensed under this code, or their heirs,   assigns, or estate, shall have no cause of action against the   provider for damages arising from personal injury or death   sustained by the intoxicated person as a result of their own   intoxication.           (b)     This limitation of liability does not affect the right   of an injured third party to bring a cause of action against a   provider under this chapter, nor does it affect the liability of an   adult that serves alcohol to a minor in violation of this chapter.          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 accrues before the effective date   of this Act is governed by the law in effect immediately before that   date, and that law is continued in effect for that purpose.          SECTION 6.  This Act takes effect September 1, 2025.