By De La Garza, Park, Van de Putte, Alvarado, et al. H.B. No. 28
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of discharging a firearm at
1-3 a habitation, building, or vehicle; to liability for medical costs
1-4 resulting from a violation of that offense; and to the prosecution
1-5 as a capital offense of murder by discharging a firearm while in a
1-6 vehicle or using a vehicle in immediate flight following discharge
1-7 of a firearm.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Chapter 42, Penal Code, is amended by adding
1-10 Section 42.15 to read as follows:
1-11 Sec. 42.15. DISCHARGING A FIREARM AT A HABITATION, BUILDING,
1-12 OR VEHICLE. (a) A person commits an offense if the person
1-13 knowingly discharges a firearm at a habitation, building, or
1-14 vehicle and is reckless about whether the habitation, building, or
1-15 vehicle is occupied by an individual.
1-16 (b) Except as provided by Subsection (c) of this section, an
1-17 offense under this section is a felony of the second degree.
1-18 (c) An offense under this section is a felony of the first
1-19 degree if it is shown at the trial of the offense that the actor's
1-20 conduct caused bodily injury to another.
1-21 (d) If conduct constituting an offense under this section
1-22 also constitutes an offense under another section of this code, the
1-23 actor may be prosecuted under either section.
1-24 (e) In this section, "habitation," "building," and "vehicle"
2-1 have the meanings assigned by Section 30.01 of this code.
2-2 SECTION 2. Section 19.03(a), Penal Code, is amended to read
2-3 as follows:
2-4 (a) A person commits an offense if he commits murder as
2-5 defined under Section 19.02(a)(1) of this code and:
2-6 (1) the person murders a peace officer or fireman who
2-7 is acting in the lawful discharge of an official duty and who the
2-8 person knows is a peace officer or fireman;
2-9 (2) the person intentionally commits the murder in the
2-10 course of committing or attempting to commit kidnapping, burglary,
2-11 robbery, aggravated sexual assault, or arson;
2-12 (3) the person commits the murder for remuneration or
2-13 the promise of remuneration or employs another to commit the murder
2-14 for remuneration or the promise of remuneration;
2-15 (4) the person commits the murder while escaping or
2-16 attempting to escape from a penal institution;
2-17 (5) the person, while incarcerated in a penal
2-18 institution, murders another who is employed in the operation of
2-19 the penal institution; <or>
2-20 (6) the person murders more than one person:
2-21 (A) during the same criminal transaction; or
2-22 (B) during different criminal transactions but
2-23 the murders are committed pursuant to the same scheme or course of
2-24 conduct; or
2-25 (7) the person intentionally commits the murder by
2-26 discharging a firearm at another and the person:
2-27 (A) discharges the firearm while in a vehicle;
3-1 or
3-2 (B) uses a vehicle in immediate flight following
3-3 the discharge of the firearm.
3-4 SECTION 3. Chapter 33, Family Code, is amended by adding
3-5 Section 33.011 to read as follows:
3-6 Sec. 33.011. LIABILITY FOR MEDICAL COSTS. A parent or other
3-7 person who has the duty of control and reasonable discipline of a
3-8 child is liable for medical costs to a third party caused by a
3-9 violation of Section 42.15, Penal Code, committed by a child who is
3-10 at least 10 years of age but under 18 years of age. The limits of
3-11 recovery provided by Section 33.02 of this code apply to this
3-12 section.
3-13 SECTION 4. (a) The change in law made by this Act applies
3-14 to an offense committed on or after the effective date of this Act.
3-15 For purposes of this section, an offense is committed before the
3-16 effective date of this Act if any element of the offense occurs
3-17 before the effective date.
3-18 (b) An offense committed before the effective date of this
3-19 Act is covered by the law in effect when the offense was committed,
3-20 and the former law is continued in effect for that purpose.
3-21 SECTION 5. This Act takes effect September 1, 1993.
3-22 SECTION 6. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.