SRC-LBB H.B. 1114 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1114
78R4956 AJA-DBy: Moreno, Joe E. (Gallegos)
Criminal Justice
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Currently, the Alcoholic Beverage Code states a person commits an offense
if he knowingly sells an alcoholic beverage to an intoxicated person. The
burden is on law enforcement to prove this high level of culpability,
which has been difficult to accomplish.  H.B. 1114 provides that a person
commits an offense if the person with criminal negligence sells an
alcoholic beverage to certain persons. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 101.63(a), Alcoholic Beverage Code, to provide
that a person commits an offense if the person with criminal negligence,
rather than knowingly, sells an alcoholic beverage to an habitual drunkard
or an intoxicated or insane person. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 2003.