| 1 | 1 | | 83R4539 MCK-F |
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| 2 | 2 | | By: King of Taylor H.B. No. 1012 |
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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 the elements of and punishment for the offense of |
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| 8 | 8 | | providing an alcoholic beverage to a minor. |
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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 106.06(a), Alcoholic Beverage Code, as |
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| 11 | 11 | | amended by Chapters 437 (S.B. 55) and 934 (H.B. 1445), Acts of the |
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| 12 | 12 | | 73rd Legislature, Regular Session, 1993, is reenacted and amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (a) Except as provided in Subsection (b) [of this section], |
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| 15 | 15 | | a person commits an offense if the person [he] purchases an |
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| 16 | 16 | | alcoholic beverage for or gives or with criminal negligence makes |
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| 17 | 17 | | available an alcoholic beverage to a minor. |
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| 18 | 18 | | SECTION 2. Section 106.06(c), Alcoholic Beverage Code, is |
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| 19 | 19 | | amended to read as follows: |
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| 20 | 20 | | (c) Except as provided by Subsection (c-1), an [An] offense |
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| 21 | 21 | | under this section is a Class A misdemeanor. |
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| 22 | 22 | | SECTION 3. Section 106.06, Alcoholic Beverage Code, is |
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| 23 | 23 | | amended by adding Subsection (c-1) to read as follows: |
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| 24 | 24 | | (c-1) An offense under this section is a state jail felony |
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| 25 | 25 | | if it is shown on the trial of the offense that the person purchased |
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| 26 | 26 | | an alcoholic beverage for or gave or made an alcoholic beverage |
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| 27 | 27 | | available to a minor who, as a result of the consumption of the |
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| 28 | 28 | | alcoholic beverage, caused another person to suffer serious bodily |
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| 29 | 29 | | injury or death. |
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| 30 | 30 | | SECTION 4. The changes in law made by this Act apply only to |
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| 31 | 31 | | an offense committed on or after the effective date of this Act. An |
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| 32 | 32 | | offense committed before the effective date of this Act is governed |
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| 33 | 33 | | by the law in effect when the offense was committed, and that law is |
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| 34 | 34 | | continued in effect for that purpose. For the purposes of this |
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| 35 | 35 | | section, an offense is committed before the effective date of this |
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| 36 | 36 | | Act if any element of the offense occurs before that date. |
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| 37 | 37 | | SECTION 5. This Act takes effect September 1, 2013. |
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