| 1 | 1 | | 81R13797 MCK-D |
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| 2 | 2 | | By: Truitt H.B. No. 2757 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to elements of offenses under or violations of the |
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| 8 | 8 | | Alcoholic Beverage Code. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1.04, Alcoholic Beverage Code, is |
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| 11 | 11 | | amended by adding Subdivision (26) to read as follows: |
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| 12 | 12 | | (26) "Intoxicated" has the meaning assigned by Section |
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| 13 | 13 | | 49.01, Penal Code. |
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| 14 | 14 | | SECTION 2. Section 1.08, Alcoholic Beverage Code, as added |
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| 15 | 15 | | by Chapter 437 (S.B. 55), Acts of the 73rd Legislature, Regular |
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| 16 | 16 | | Session, 1993, is amended to read as follows: |
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| 17 | 17 | | Sec. 1.08. CULPABLE MENTAL STATE [CRIMINAL NEGLIGENCE |
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| 18 | 18 | | DEFINED]. (a) A culpable mental state is not required to establish |
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| 19 | 19 | | an offense under this code or a violation of this code or a |
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| 20 | 20 | | commission rule unless the code or rule specifically requires proof |
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| 21 | 21 | | of a culpable mental state. |
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| 22 | 22 | | (b) If an offense under [For purposes of] this code or a |
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| 23 | 23 | | violation of this code or a commission rule includes a culpable[, a |
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| 24 | 24 | | person acts with criminal negligence if the person acts with a] |
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| 25 | 25 | | mental state as an element of the offense or violation, the |
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| 26 | 26 | | definitions of culpable mental states under Section 6.03 [that |
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| 27 | 27 | | would constitute criminal negligence under Chapter 6], Penal Code, |
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| 28 | 28 | | apply [if the act were an offense]. |
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| 29 | 29 | | SECTION 3. Section 1.08, Alcoholic Beverage Code, as added |
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| 30 | 30 | | by Chapter 934 (H.B. 1445), Acts of the 73rd Legislature, Regular |
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| 31 | 31 | | Session, 1993, is repealed. |
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| 32 | 32 | | SECTION 4. The changes in law made by this Act apply only to |
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| 33 | 33 | | an offense committed on or after the effective date of this Act. An |
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| 34 | 34 | | offense committed before the effective date of this Act is governed |
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| 35 | 35 | | by the law in effect when the offense was committed, and the former |
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| 36 | 36 | | law is continued in effect for that purpose. For purposes of this |
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| 37 | 37 | | section, an offense was committed before the effective date of this |
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| 38 | 38 | | Act if any element of the offense was committed before that date. |
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| 39 | 39 | | SECTION 5. This Act takes effect September 1, 2009. |
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