81R13797 MCK-D
By: Truitt H.B. No. 2757
Substitute the following for H.B. No. 2757:
By: Jones C.S.H.B. No. 2757
A BILL TO BE ENTITLED
AN ACT
relating to elements of offenses under or violations of the
Alcoholic Beverage Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.04, Alcoholic Beverage Code, is
amended by adding Subdivision (26) to read as follows:
(26) "Intoxicated" has the meaning assigned by Section
49.01, Penal Code.
SECTION 2. Section 1.08, Alcoholic Beverage Code, as added
by Chapter 437 (S.B. 55), Acts of the 73rd Legislature, Regular
Session, 1993, is amended to read as follows:
Sec. 1.08. CULPABLE MENTAL STATE [CRIMINAL NEGLIGENCE
DEFINED]. (a) A culpable mental state is not required to establish
an offense under this code or a violation of this code or a
commission rule unless the code or rule specifically requires proof
of a culpable mental state.
(b) If an offense under [For purposes of] this code or a
violation of this code or a commission rule includes a culpable[, a
person acts with criminal negligence if the person acts with a]
mental state as an element of the offense or violation, the
definitions of culpable mental states under Section 6.03 [that
would constitute criminal negligence under Chapter 6], Penal Code,
apply [if the act were an offense].
SECTION 3. Section 1.08, Alcoholic Beverage Code, as added
by Chapter 934 (H.B. 1445), Acts of the 73rd Legislature, Regular
Session, 1993, is repealed.
SECTION 4. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
SECTION 5. This Act takes effect September 1, 2009.