S.B. No. 145
                                        AN ACT
    1-1  relating to the reckless discharge of a firearm; creating offenses
    1-2  and providing penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 42, Penal Code, is amended by adding
    1-5  Section 42.015 to read as follows:
    1-6        Sec. 42.015.  DISCHARGE OF FIREARM IN CERTAIN METROPOLITAN
    1-7  AREAS.  (a)  A person commits an offense if the person recklessly
    1-8  discharges a firearm inside the corporate limits of a municipality
    1-9  having a population of 100,000 or more according to the most recent
   1-10  federal census.
   1-11        (b)  An offense under this section is a Class A misdemeanor.
   1-12        (c)  If conduct constituting an offense under this section
   1-13  also constitutes an offense under another section of this code, the
   1-14  person may be prosecuted under either section.
   1-15        SECTION 2.  Sections 125.001, 125.021, and 125.041, Civil
   1-16  Practice and Remedies Code, are amended to read as follows:
   1-17        Sec. 125.001.  Common Nuisance.  A person who knowingly
   1-18  maintains a place to which persons habitually go for the purpose of
   1-19  prostitution or gambling in violation of the Penal Code, for the
   1-20  purpose of reckless discharge of a firearm as described by Section
   1-21  42.015, Penal Code, or for the delivery or use of a controlled
   1-22  substance in violation of Chapter 481, Health and Safety Code,
   1-23  maintains a common nuisance.
   1-24        Sec. 125.021.  Public Nuisance.  The habitual use or the
    2-1  threatened or contemplated habitual use of any place for any of the
    2-2  following purposes is a public nuisance:
    2-3              (1)  gambling, gambling promotion, or communicating
    2-4  gambling information prohibited by law;
    2-5              (2)  promotion or aggravated promotion of prostitution;
    2-6              (3)  compelling prostitution;
    2-7              (4)  commercial manufacture, commercial distribution,
    2-8  or commercial exhibition of obscene material;
    2-9              (5)  commercial exhibition of live dances or other acts
   2-10  depicting real or simulated sexual intercourse or deviate sexual
   2-11  intercourse;
   2-12              (6)  engaging in a voluntary fight between a man and a
   2-13  bull if the fight is for a thing of value or a championship, if a
   2-14  thing of value is wagered on the fight, or if an admission fee for
   2-15  the fight is directly or indirectly charged, as prohibited by law;
   2-16  <or>
   2-17              (7)  reckless discharge of a firearm as described by
   2-18  Section 42.015, Penal Code; or
   2-19              (8)  delivering or using a controlled substance in
   2-20  violation of Chapter 481, Health and Safety Code.
   2-21        Sec. 125.041.  Public Nuisance.  For the purposes of this
   2-22  subchapter, a public nuisance is considered to exist at a place if
   2-23  one or more of the following acts occurs at that place on a regular
   2-24  basis:
   2-25              (1)  gambling, gambling promotion, or communication of
   2-26  gambling information, as prohibited by Chapter 47, Penal Code;
   2-27              (2)  promotion or aggravated promotion of prostitution,
    3-1  as prohibited by Chapter 43, Penal Code;
    3-2              (3)  compelling prostitution, as prohibited by Chapter
    3-3  43, Penal Code;
    3-4              (4)  commercial manufacture, commercial distribution,
    3-5  or commercial exhibition of material that is obscene, as defined by
    3-6  Section 43.21, Penal Code;
    3-7              (5)  commercial exhibition of a live dance or other act
    3-8  in which a person engages in real or simulated sexual intercourse
    3-9  or deviate sexual intercourse, as defined by Section 43.01, Penal
   3-10  Code; <or>
   3-11              (6)  reckless discharge of a firearm as described by
   3-12  Section 42.015, Penal Code; or
   3-13              (7)  manufacture, delivery, or use of a controlled
   3-14  substance in violation of Chapter 481, Health and Safety Code.
   3-15        SECTION 3.  Subsections (a) and (b), Section 125.004, Civil
   3-16  Practice and Remedies Code, are amended to read as follows:
   3-17        (a)  Proof that prostitution or gambling in violation of the
   3-18  Penal Code, that reckless discharge of a firearm as described by
   3-19  Section 42.015, Penal Code, or that the delivery or use of a
   3-20  controlled substance in violation of Chapter 481, Health and Safety
   3-21  Code, is frequently committed at the place involved or that the
   3-22  place is frequently used for reckless discharge of a firearm as
   3-23  described by Section 42.015, Penal Code, is prima facie evidence
   3-24  that the proprietor knowingly permitted the act.
   3-25        (b)  Evidence that persons have been convicted of gambling,
   3-26  committing prostitution, reckless discharge of a firearm as
   3-27  described by Section 42.015, Penal Code, or delivering or using a
    4-1  controlled substance in violation of Chapter 481, Health and Safety
    4-2  Code, in the place involved is admissible to show knowledge on the
    4-3  part of the defendant that the act occurred.  The originals or
    4-4  certified copies of the papers and judgments of those convictions
    4-5  are admissible in the suit for injunction, and oral evidence is
    4-6  admissible to show that the offense for which a person was
    4-7  convicted was committed at the place involved.
    4-8        SECTION 4.  (a)  This Act takes effect September 1, 1993.
    4-9        (b)  Section 2 of this Act applies only to a cause of action
   4-10  that accrues on or after the effective date of this Act.  A cause
   4-11  of action that accrues before the effective date of this Act is
   4-12  governed by the law in effect at the time the cause of action
   4-13  accrued, and that law is continued in effect for that purpose.
   4-14        SECTION 5.  The importance of this legislation and the
   4-15  crowded condition of the calendars in both houses create an
   4-16  emergency and an imperative public necessity that the
   4-17  constitutional rule requiring bills to be read on three several
   4-18  days in each house be suspended, and this rule is hereby suspended.