By De La Garza, Park, Van de Putte, et al. H.B. No. 27
Substitute the following for H.B. No. 27:
By De La Garza C.S.H.B. No. 27
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of discharging a firearm
1-3 from a vehicle.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 42, Penal Code, is amended by adding
1-6 Section 42.16 to read as follows:
1-7 Sec. 42.16. Discharging a Firearm From a Vehicle. (a) A
1-8 person commits an offense if the person:
1-9 (1) intentionally, knowingly, or recklessly discharges
1-10 a firearm and the person:
1-11 (A) discharges the firearm while in a vehicle;
1-12 or
1-13 (B) uses a vehicle in immediate flight following
1-14 the discharge of the firearm; or
1-15 (2) intentionally or knowingly threatens another with
1-16 a firearm and the person:
1-17 (A) makes the threat while in a vehicle; or
1-18 (B) uses a vehicle in immediate flight following
1-19 the threat.
1-20 (b) Except as provided by Subsection (c) of this section, an
1-21 offense under this section is a felony of the second degree.
1-22 (c) An offense under this section is a felony of the first
1-23 degree if it is shown at the trial of the offense that the actor's
1-24 conduct caused bodily injury to another.
2-1 (d) It is a defense to prosecution under Subsection (a)(1)
2-2 of this section that the person was lawfully engaged in a hunting
2-3 activity at the time the person discharged the firearm.
2-4 (e) If conduct constituting an offense under this section
2-5 also constitutes an offense under another section of this code, the
2-6 person may be prosecuted under either section.
2-7 (f) In this section, "vehicle" has the meaning assigned by
2-8 Section 30.01 of this code.
2-9 SECTION 2. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.