By:  De La Garza                                        H.B. No. 27
       72S40198 DRH-F
                                 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)  recklessly discharges a firearm while the person:
   1-10                    (A)  is in a vehicle; or
   1-11                    (B)  is within 10 feet of a vehicle that the
   1-12  person was in immediately before the firearm was discharged; or
   1-13              (2)  knowingly threatens another with a firearm while
   1-14  the person:
   1-15                    (A)  is in a vehicle; or
   1-16                    (B)  is within 10 feet of a vehicle that the
   1-17  person was in immediately before the person made the threat.
   1-18        (b)  Except as provided by Subsection (c) of this section, an
   1-19  offense under this section is a felony of the second degree.
   1-20        (c)  An offense under this section is a felony of the first
   1-21  degree if it is shown at the trial of the offense that the actor's
   1-22  conduct caused bodily injury to another.
   1-23        (d)  If conduct constituting an offense under this section
   1-24  also constitutes an offense under another section of this code, the
    2-1  person may be prosecuted under either section.
    2-2        (e)  In this section, "vehicle" has the meaning assigned by
    2-3  Section 30.01 of this code.
    2-4        SECTION 2.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency   and   an   imperative   public   necessity   that   the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.