E
Arrwrriu ax. TEXAS
April 1, 1965
John E. Blalne Opinion No. C-410
Chairman
Liquor Regulation Committee Re: Constitutionalityof Rouse
House of Representatives Bill No. 257
State of Texas
Capitol Building
Austin, Texas
Dear Mr. Blalne:
You have recently asked the opinion of this offi&
as to the constltutionali,tyof House Bill No, q57 of th,e
59th Legislature. House Bill No. 257 proposes to amend
Vernon:'8Penal Code, Article 666-26, subsection (b) so as
to d&eta the WON "knowingly"from this subsection.
Article 666-26, subsection (b) npw reads:
"(b) It shall further be unlawful for
any person to knowingly sell an liquor to
any person under twenty-one (213 years of
age, or to any person who is intoxicated,or
to any habitual drunkard, or to any insane
person."
House Bill No. 257 reads in that portion pertinent
to your request as follows:
"(b) It shall further be unlawful for
any person to sell any liquor to any person
under twenty-one (21) years of age, or to
any person who is intoxicated,or to any
habitual drunkard, or to any Insane person."
We have made a search of the organic, the statutory
and the case law covering the subject of acts that are malum
prohibiturnand find nothing which cauaes’us to conclude that
the proposed amendment Is unconstitutional.
Therefore, we are of the opinion that the proposed
amendment to Article 666-26, subsection (b), Vernon's Penal
Code is constitutional.
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Honorable Joe E. Blaine, page 2 (C-410)
SUNNARY
House Bill No. 257 of the 59th Legis-
lature is constitutional.
Yours very truly,
WAQOONER CARR
Attorney General of Texas
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
John Reeves
Bob Flowers
Harry Gee
Sam L. Kelley
APPROVED FOR TIiRA!P!l'ORNEYOENERAL
BY: Stanton Stone
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