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.