73R5474 GWK-F
          By De La Garza, Park, Van de Putte, et al.              H.B. No. 28
          Substitute the following for H.B. No. 28:
          By De La Garza                                      C.S.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.
    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 42.15 to read as follows:
    1-7        Sec. 42.15.  DISCHARGING A FIREARM AT A HABITATION, BUILDING,
    1-8  OR VEHICLE.  (a)  A person commits an offense if the person
    1-9  knowingly discharges a firearm at a habitation, building, or
   1-10  vehicle and is reckless about whether the habitation, building, or
   1-11  vehicle is occupied by an individual.
   1-12        (b)  Except as provided by Subsection (c) of this section, an
   1-13  offense under this section is a felony of the second degree.
   1-14        (c)  An offense under this section is a felony of the first
   1-15  degree if it is shown at the trial of the offense that the actor's
   1-16  conduct caused bodily injury to another.
   1-17        (d)  If conduct constituting an offense under this section
   1-18  also constitutes an offense under another section of this code, the
   1-19  actor may be prosecuted under either section.
   1-20        (e)  In this section, "habitation," "building," and "vehicle"
   1-21  have the meanings assigned by Section 30.01 of this code.
   1-22        SECTION 2.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
   1-24  emergency   and   an   imperative   public   necessity   that   the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended.