By: Slawson H.B. No. 420
A BILL TO BE ENTITLED
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 Subsections (c-1) and
(c-2) to read as follows:
(c) Except as provided by Subsections (c-1) and (c-2), 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.
(c-2) An offense under this section is a state jail felony
if it is shown on the trial of the offense that the person who
purchased the alcoholic beverage for or gave the alcoholic beverage
to the minor is a public officer, as defined by Section 553.021,
Government Code.
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.