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A BILL TO BE ENTITLED
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AN ACT
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relating to elements of offenses under or violations of the |
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Alcoholic Beverage Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.04, Alcoholic Beverage Code, is |
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amended by adding Subdivision (26) to read as follows: |
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(26) "Intoxicated" has the meaning assigned by Section |
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49.01, Penal Code. |
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SECTION 2. Section 1.08, Alcoholic Beverage Code, as added |
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by Chapter 437 (S.B. 55), Acts of the 73rd Legislature, Regular |
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Session, 1993, is amended to read as follows: |
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Sec. 1.08. CULPABLE MENTAL STATE [CRIMINAL NEGLIGENCE
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DEFINED]. (a) A culpable mental state is not required to establish |
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an offense under this code or a violation of this code or a |
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commission rule unless the code or rule specifically requires proof |
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of a culpable mental state. |
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(b) If an offense under [For purposes of] this code or a |
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violation of this code or a commission rule includes a culpable[, a
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person acts with criminal negligence if the person acts with a] |
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mental state as an element of the offense or violation, the |
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definitions of culpable mental states under Section 6.03 [that
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would constitute criminal negligence under Chapter 6], Penal Code, |
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apply [if the act were an offense]. |
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SECTION 3. Section 1.08, Alcoholic Beverage Code, as added |
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by Chapter 934 (H.B. 1445), Acts of the 73rd Legislature, Regular |
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Session, 1993, is repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |