BILL ANALYSIS


                                                      C.S.S.B. 68
                                                         By: West
                                                 Criminal Justice
                                                          3-15-95
                                   Committee Report (Substituted)

BACKGROUND

The 73rd Legislature passed S.B. 145 regarding the reckless
discharge of a firearm in certain metropolitan areas effective
September 1, 1993.  However, when the revised Penal Code took
effect, the statute was repealed because it had been omitted in the
Penal Code reform bill.  Now, Houston, Dallas, and other heavily
populated metropolitan areas are confronted with the problem of
citizens recklessly discharging firearms without regard to the
safety of the people around them, with no means to regulate them.

PURPOSE

As proposed, C.S.S.B. 68 makes the reckless discharge of a firearm
an offense in some municipalities.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

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 MUNICIPALITIES.  (a)-(b)
     Provide that if a person recklessly discharges a firearm
     inside a municipality, the person commits a Class A
     misdemeanor.
     
     (c) Authorizes a person committing an offense under this and
       another section of this code to be prosecuted under either
       section.
       
       (d) Provides that Subsection (a) does not affect the
       authority of a municipality to enact an ordinance which
       prohibits the discharge of a firearm. SECTION 2.     Amends Section 125.001, Civil Practice and Remedies
Code, to provide that a person who knowingly maintains a place to
which persons habitually go for the purpose of any felony maintains
a common nuisance.  Deletes references to criminal street gangs and
makes conforming changes.
SECTION 3. Amends Section 125.004(a), Civil Practice and Remedies
Code, to make nonsubstantive and conforming changes.

SECTION 4. Amends Section 125.004(b), Civil Practice and Remedies
Code, to make nonsubstantive and conforming changes.

SECTION 5.  Amends Section 125.021, Civil Practice and Remedies
Code, to make nonsubstantive and conforming changes.

SECTION 6. Amends Section 125.041, Civil Practice and Remedies
Code, to make nonsubstantive and conforming changes.

SECTION 7. Makes application of this Act prospective.

SECTION 8. Effective date:  September 1, 1995.

SECTION 9. Emergency clause.