H.B. No. 420
AN ACT
relating to the offense of providing an alcoholic beverage to a
minor; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Kyle and Ethan's Law.
SECTION 2. Section 106.06(a), Alcoholic Beverage Code, as
amended by Chapters 437 (S.B. 55) and 934 (H.B. 1445), Acts of the
73rd Legislature, Regular Session, 1993, is reenacted and amended
to read as follows:
(a) Except as provided in Subsection (b) [of this section],
a person commits an offense if the person [he] purchases an
alcoholic beverage for or gives [or with criminal negligence makes
available] an alcoholic beverage to a minor [with criminal
negligence].
SECTION 3. Section 106.06, Alcoholic Beverage Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) Except as provided by Subsection (c-1), an [An] offense
under this section is a Class A misdemeanor.
(c-1) An offense under this section is a state jail felony
if it is shown on the trial of the offense that the person purchased
an alcoholic beverage for or gave an alcoholic beverage to a minor
who, as a result of the consumption of the alcoholic beverage,
caused another person to suffer serious bodily injury or death.
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 that law is
continued in effect for that purpose. For the purposes of this
section, an offense is committed before the effective date of this
Act if any element of the offense occurs before that date.
SECTION 5. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 420 was passed by the House on April
20, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 420 on May 24, 2023, by the following vote: Yeas 142, Nays 2, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 420 was passed by the Senate, with
amendments, on May 19, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor