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A BILL TO BE ENTITLED
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AN ACT
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relating to the culpable mental state for an offense or violation of |
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the Alcoholic Beverage Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 3, Alcoholic Beverage Code, is amended by |
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repealing Section 1.08, added by Acts 1993, 73rd Leg., ch. 437, §1, |
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and Section 1.08, added by Acts 1993, 73rd Leg., ch. 934 §2. |
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SECTION 2. Title 3, Alcoholic Beverage Code, is amended by |
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adding new Section 1.08 to read as follows: |
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Sec. 1.08. CULPABLE MENTAL STATE. (a) When a culpable |
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mental state is made an element of an offense or violation under |
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this code or rules of the commission, §6.03, Definitions of |
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Culpable Mental States, Penal Code will apply. |
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(b) When an offense or violation under this code or rules of |
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the commission does not state a culpable mental state, no proof of |
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mental state is required. |
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SECTION 3. The repeal by this Act of Section 1.08, added by |
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Acts 1993, 73rd Leg., ch. 437, §1, and Section 1.08, added by Acts |
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1993, 73rd Leg., ch. 934 §2, eliminates the duplicate numbering of |
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the sections, and allows the content to be consolidated in one |
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section. The adoption of new Section 1.08(a) consolidates the two |
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repealed sections without substantive change to the culpable mental |
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state for criminal negligence, that applies to offenses and |
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violations for which the mental state of criminal negligence is an |
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element of the offense or violation, regardless of when the offense |
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or violation occurred. The additional definitions for all culpable |
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mental contained in Section 6.03 of the Penal Code, to the extent |
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they are specifically required as an element of an offense or |
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violation of the Alcoholic Beverage Code will apply only to an |
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offense of violation that occurs after the effective date of the |
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Act. Section 1.08(b) is added to clarify that an offense or |
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violation of the Alcoholic Beverage Code that does not specify a |
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culpable mental state, the mental state of the actor at the time of |
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the offense or violation is not an element of the offense or |
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violation. |
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SECTION 4. This Act takes effect September 1, 2009. |