BILL ANALYSIS H.B. 112 By: Hochberg 3-6-95 Committee Report (Amended) BACKGROUND In the 73rd Session, S.B. 145 (which regulated the reckless discharge of a firearm in certain metropolitan areas), was passed and became effective September 1, 1993. However, when the revised Penal Code took effect in September 1994, the statute was repealed because it had been inadvertently omitted in the Penal Code reform bill. Now, Houston, Dallas, and other heavily populated metropolitan areas have no means to regulate the problem of citizens who discharge firearms. PURPOSE If enacted, H.B. 112 would reinstate the offense for recklessly discharging a firearm within the corporate limits of a municipality with a population greater than 100,000. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 42, Penal Code, by adding Section 42.12, as follows: Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN METROPOLITAN AREAS. (a) Creates an offense for recklessly discharging a firearm inside the corporate limits of a municipality with a population of 100,000 or more. (b) Provides that the offense is a Class A misdemeanor. (c) Authorizes a person to be prosecuted under this section or another section of this code if conduct constituting an offense under this section also constitutes an offense under another section of this code. SECTION 2. Amends Section 125.001, Civil Practice and Remedies Code, as amended by Section 1, Chapter 968, and Section 2, Chapter 857, Acts of the 73rd Legislature, Regular Session, 1993, to reflect the correction in the Penal Code. SECTION 3. Amends Section 125.004(a), Civil Practice and Remedies Code, to reflect the correction in the Penal Code. SECTION 4. Amends Section 125.004(b), Civil Practice and Remedies Code, as amended by Section 3, Chapter 857, and Section 2, Chapter 968, Acts of the 73rd Legislature, Regular Session, 1993, to reflect the corrections to the Penal Code. Section 5. Amends Section 125.021, Civil Practice and remedies Code, as amended by Section 1, Chapter 968, and Section 2, Chapter 857, Acts of the 73rd Legislature, Regular Session, 1993, to reflect the corrections to the Penal Code. SECTION 6. Amends Section 125.041, Civil Practice and remedies Code, as amended by Section 1, Chapter 968, and Section 2, Chapter 857, Acts of the 73rd Legislature, Regular Session, 1993, to reflect the corrections to the Penal Code. SECTION 7. Change in law made by sections 2-6 applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the Act's effective date is governed by the law in effect at the time the cause of action accrued. SECTION 8. Effective date: September 1, 1995. SECTION 9. Emergency clause. EXPLANATION OF AMENDMENTS The amendment states that subsection (a) does not affect the authority of a municipality to enact an ordinance to prohibit the discharge of a firearm. SUMMARY OF COMMITTEE ACTION H.B. 112 was considered in a public hearing on March 6, 1995. The following person testified in favor of the bill: Sherry Wallace, representing John Vance, Criminal District Attorney, Dallas County. The following person testified against the bill: Paul Velte, representing the Peaceable Texans for Firearm Rights. Rep. Solis offered an amendment which was adopted. On March 6, 1995, H.B. 112 was reported favorably with an amendment, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.