| 1 | 1 | | H.B. No. 420 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the offense of providing an alcoholic beverage to a |
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| 6 | 6 | | minor; increasing a criminal penalty. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. This Act may be cited as Kyle and Ethan's Law. |
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| 9 | 9 | | SECTION 2. Section 106.06(a), Alcoholic Beverage Code, as |
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| 10 | 10 | | amended by Chapters 437 (S.B. 55) and 934 (H.B. 1445), Acts of the |
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| 11 | 11 | | 73rd Legislature, Regular Session, 1993, is reenacted and amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a) Except as provided in Subsection (b) [of this section], |
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| 14 | 14 | | a person commits an offense if the person [he] purchases an |
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| 15 | 15 | | alcoholic beverage for or gives [or with criminal negligence makes |
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| 16 | 16 | | available] an alcoholic beverage to a minor [with criminal |
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| 17 | 17 | | negligence]. |
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| 18 | 18 | | SECTION 3. Section 106.06, Alcoholic Beverage Code, is |
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| 19 | 19 | | amended by amending Subsection (c) and adding Subsection (c-1) to |
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| 20 | 20 | | read as follows: |
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| 21 | 21 | | (c) Except as provided by Subsection (c-1), an [An] offense |
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| 22 | 22 | | under this section is a Class A misdemeanor. |
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| 23 | 23 | | (c-1) An offense under this section is a state jail felony |
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| 24 | 24 | | if it is shown on the trial of the offense that the person purchased |
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| 25 | 25 | | an alcoholic beverage for or gave an alcoholic beverage to a minor |
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| 26 | 26 | | who, as a result of the consumption of the alcoholic beverage, |
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| 27 | 27 | | caused another person to suffer serious bodily injury or death. |
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| 28 | 28 | | SECTION 4. The changes in law made by this Act apply only to |
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| 29 | 29 | | an offense committed on or after the effective date of this Act. An |
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| 30 | 30 | | offense committed before the effective date of this Act is governed |
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| 31 | 31 | | by the law in effect when the offense was committed, and that law is |
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| 32 | 32 | | continued in effect for that purpose. For the purposes of this |
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| 33 | 33 | | section, an offense is committed before the effective date of this |
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| 34 | 34 | | Act if any element of the offense occurs before that date. |
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| 35 | 35 | | SECTION 5. This Act takes effect September 1, 2023. |
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| 36 | 36 | | ______________________________ ______________________________ |
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| 37 | 37 | | President of the Senate Speaker of the House |
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| 38 | 38 | | I certify that H.B. No. 420 was passed by the House on April |
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| 39 | 39 | | 20, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not |
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| 40 | 40 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 41 | 41 | | No. 420 on May 24, 2023, by the following vote: Yeas 142, Nays 2, 1 |
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| 42 | 42 | | present, not voting. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Chief Clerk of the House |
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| 45 | 45 | | I certify that H.B. No. 420 was passed by the Senate, with |
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| 46 | 46 | | amendments, on May 19, 2023, by the following vote: Yeas 31, Nays |
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| 47 | 47 | | 0. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Secretary of the Senate |
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| 50 | 50 | | APPROVED: __________________ |
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| 51 | 51 | | Date |
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| 52 | 52 | | __________________ |
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| 53 | 53 | | Governor |
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