By:  De La Garza                                        H.B. No. 28
       72S40200 DRH-F
                                 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  recklessly discharges a firearm at a:
   1-10              (1)  habitation or building that is regularly occupied
   1-11  by individuals; or
   1-12              (2)  vehicle that is occupied by an individual.
   1-13        (b)  Except as provided by Subsection (c) of this section, an
   1-14  offense under this section is a felony of the second degree.
   1-15        (c)  An offense under this section is a felony of the first
   1-16  degree if it is shown at the trial of the offense that the actor's
   1-17  conduct caused bodily injury to another.
   1-18        (d)  If conduct constituting an offense under this section
   1-19  also constitutes an offense under another section of this code, the
   1-20  actor may be prosecuted under either section.
   1-21        (e)  In this section:
   1-22              (1)  "Habitation," "building," and "vehicle" have the
   1-23  meanings assigned by Section 30.01 of this code.
   1-24              (2)  "Regularly occupied" means a place where
    2-1  individuals are usually present regardless of whether an individual
    2-2  is actually present at the time that the firearm is discharged.
    2-3        SECTION 2.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency   and   an   imperative   public   necessity   that   the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.