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Summary: HB 153 adds the definition of "intoxication" from Chapter 49 of the Penal Code (Intoxication and Alcoholic Beverage Offenses) to Chapter 46 of the Penal Code (Weapons) and removes the definition of "intoxicated" from Section 46.06(b) of the Penal Code.
Analysis: Under current law (Section 46.06 of the Penal Code), an individual must be "substantially" impaired to be charged with a transferring or selling a weapon to an intoxicated person. HB 153 would allow an individual with a Blood Alcohol Content of 0.08 to be charged with transferring or selling a weapon to an intoxicated person. Section 46.06 includes recklessly selling or transferring a firearm. This bill would allow an individual who unknowingly sells a firearm to an individual with a BAC of 0.08 to be charged with a Class A misdemeanor. However, HB 153 does not fall under any of our liberty principles. We remain neutral on HB 153.