| 1 | 1 | | 87R2234 MCK-D |
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| 2 | 2 | | By: Huberty H.B. No. 3985 |
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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 offense of providing an alcoholic beverage to a |
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| 8 | 8 | | minor; increasing a criminal penalty. |
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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. This Act shall be known as Matthew's Law. |
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| 11 | 11 | | SECTION 2. Section 106.06(a), Alcoholic Beverage Code, as |
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| 12 | 12 | | amended by Chapters 437 (S.B. 55) and 934 (H.B. 1445), Acts of the |
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| 13 | 13 | | 73rd Legislature, Regular Session, 1993, is reenacted and amended |
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| 14 | 14 | | to read as follows: |
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| 15 | 15 | | (a) Except as provided in Subsection (b) [of this section], |
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| 16 | 16 | | a person commits an offense if the person [he] purchases an |
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| 17 | 17 | | alcoholic beverage for or gives or with criminal negligence makes |
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| 18 | 18 | | available an alcoholic beverage to a minor [with criminal |
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| 19 | 19 | | negligence]. |
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| 20 | 20 | | SECTION 3. Section 106.06, Alcoholic Beverage Code, is |
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| 21 | 21 | | amended by amending Subsection (c) and adding Subsection (c-1) to |
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| 22 | 22 | | read as follows: |
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| 23 | 23 | | (c) Except as provided by Subsection (c-1), an [An] offense |
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| 24 | 24 | | under this section is a Class A misdemeanor. |
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| 25 | 25 | | (c-1) An offense under this section is a third degree felony |
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| 26 | 26 | | if it is shown on the trial of the offense that the person purchased |
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| 27 | 27 | | an alcoholic beverage for or gave or made available an alcoholic |
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| 28 | 28 | | beverage to a minor who dies as a result of the consumption of the |
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| 29 | 29 | | alcoholic beverage. |
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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, 2021. |
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