81R13786 T
By: Truitt H.B. No. 2757
A BILL TO BE ENTITLED
AN ACT
relating to the culpable mental state for an offense or violation of
the Alcoholic Beverage Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Alcoholic Beverage Code, is amended by
repealing Section 1.08, added by Acts 1993, 73rd Leg., ch. 437, §1,
and Section 1.08, added by Acts 1993, 73rd Leg., ch. 934 §2.
SECTION 2. Title 3, Alcoholic Beverage Code, is amended by
adding new Section 1.08 to read as follows:
Sec. 1.08. CULPABLE MENTAL STATE. (a) When a culpable
mental state is made an element of an offense or violation under
this code or rules of the commission, §6.03, Definitions of
Culpable Mental States, Penal Code will apply.
(b) When an offense or violation under this code or rules of
the commission does not state a culpable mental state, no proof of
mental state is required.
SECTION 3. The repeal by this Act of Section 1.08, added by
Acts 1993, 73rd Leg., ch. 437, §1, and Section 1.08, added by Acts
1993, 73rd Leg., ch. 934 §2, eliminates the duplicate numbering of
the sections, and allows the content to be consolidated in one
section. The adoption of new Section 1.08(a) consolidates the two
repealed sections without substantive change to the culpable mental
state for criminal negligence, that applies to offenses and
violations for which the mental state of criminal negligence is an
element of the offense or violation, regardless of when the offense
or violation occurred. The additional definitions for all culpable
mental contained in Section 6.03 of the Penal Code, to the extent
they are specifically required as an element of an offense or
violation of the Alcoholic Beverage Code will apply only to an
offense of violation that occurs after the effective date of the
Act. Section 1.08(b) is added to clarify that an offense or
violation of the Alcoholic Beverage Code that does not specify a
culpable mental state, the mental state of the actor at the time of
the offense or violation is not an element of the offense or
violation.
SECTION 4. This Act takes effect September 1, 2009.