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Penal Code took effect in September 1994, the statute was repealed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.