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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of providing an alcoholic beverage to a |
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minor; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Kyle and Ethan's Law. |
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SECTION 2. Section 106.06(a), Alcoholic Beverage Code, as |
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amended by Chapters 437 (S.B. 55) and 934 (H.B. 1445), Acts of the |
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73rd Legislature, Regular Session, 1993, is reenacted and amended |
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to read as follows: |
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(a) Except as provided in Subsection (b) [of this section], |
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a person commits an offense if the person [he] purchases an |
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alcoholic beverage for or gives [or with criminal negligence makes |
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available] an alcoholic beverage to a minor [with criminal |
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negligence]. |
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SECTION 3. Section 106.06, Alcoholic Beverage Code, is |
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amended by amending Subsection (c) and adding Subsections (c-1) and |
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(c-2) to read as follows: |
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(c) Except as provided by Subsections (c-1) and (c-2), an |
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[An] offense under this section is a Class A misdemeanor. |
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(c-1) An offense under this section is a state jail felony |
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if it is shown on the trial of the offense that the person purchased |
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an alcoholic beverage for or gave an alcoholic beverage to a minor |
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who, as a result of the consumption of the alcoholic beverage, |
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caused another person to suffer serious bodily injury or death. |
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(c-2) An offense under this section is a state jail felony |
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if it is shown on the trial of the offense that the person who |
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purchased the alcoholic beverage for or gave the alcoholic beverage |
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to the minor is a public officer, as defined by Section 553.021, |
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Government Code. |
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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 that law is |
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continued in effect for that purpose. For the purposes of this |
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section, an offense is committed before the effective date of this |
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Act if any element of the offense occurs before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |