BILL ANALYSIS



C.S.S.B. 68
By: West (Hochberg)
April 3, 1995
Committee Report (Substituted)


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Penal Code took effect in September 1994, the statute was repealed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, C.S.S.B. 68 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.

     (d) Provides that Subsection (a) does not affect a
     municipality's authority to enact an ordinance that prohibits
     the discharge of a firearm.

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, as
follows:

     Sec. 125.001.  COMMON NUISANCE.  Expands definition under this
     section to include maintaining a place to which persons
     habitually go for the purpose of discharge of a firearm in a
     public place in violation of Section 42.01(a)(9), Penal Code
     (DISORDERLY CONDUCT).

SECTION 3.  Amends Section 125.004(a), Civil Practice and Remedies
Code, as follows:

     (a) expands the list of items considered prima facie evidence
     of a proprietor's knowledge of permitting an act to include
     the discharge of a firearm in a public place in violation of
     Section 42.01(a)(9), Penal Code (DISORDERLY CONDUCT).

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, as
follows:

     (b) expands the list of items considered admissible evidence
     to show defendant's knowledge that the act occurred to include
     discharge of a firearm in a public place in violation of
     Section 42.01(a)(9), Penal Code (DISORDERLY CONDUCT).

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, as
follows:

     Sec. 125.021.  PUBLIC NUISANCE.  Expands the definition of
     place used for public nuisance under this Section to include
     the discharge of a firearm in a public place in violation of
     Section 42.01(a)(9), 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, as
follows:

     Sec. 125.041.  PUBLIC NUISANCE.  Expands the definition of
     habitual use of a public place used for public nuisance to
     include the discharge of a firearm in a public place in
     violation of Section 42.01(a)(9), 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.

COMPARISON OF SUBSTITUTE TO ORIGINAL

SECTION 1.  Provides that Sec. 42.12(a), Penal Code, does not
affect a municipality's authority to enact an ordinance that
prohibits the discharge of a firearm.

SECTIONS 2 - 6.  Expands definitions in these Sections to include
the discharge of a firearm in a public place in violation of
Section 42.01(a)(9), Penal Code.


SUMMARY OF COMMITTEE ACTION

SB 68 was considered by the full committee in a formal meeting on
March 28, 1995.  The bill was left pending.  SB 68 was considered
by the full committee in a public hearing on April 3, 1995.  The
committee considered a complete substitute for SB 68.  The
substitute was adopted without objection.  SB 68 was reported
favorably as substituted, with the recommendation that it do pass
and be printed, by a record vote of 8 ayes, 0 nays, 0 pnv, and 1
absent.