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.