Amend HB 325 (Senate committee printing) as follows:                         
	(1)  In SECTION 1 of the bill, strike the recital to SECTION 1 
(page 1, lines 10-11) and substitute the following:
	Section 38.02, Penal Code, is amended by amending Subsections 
(c) and (d) and adding Subsection (e) to read as follows:
	(2)  In SECTION 1 of the bill, in amended Subsection (c), 
Section 38.02, Penal Code (page 1, line 12), strike "Subsection 
(d)" and insert "Subsections [Subsection] (d) and (e)".
	(3)  In SECTION 1 of the bill, following amended Subsection 
(d), Section 38.02, Penal Code (page 1, between lines 24 and 25), 
insert:
	(e)  If conduct that constitutes an offense under this 
section also constitutes an offense under Section 106.07, Alcoholic 
Beverage Code, the actor may be prosecuted only under Section 
106.07.