By Hochberg, Bailey, et al. H.B. No. 112
74R617 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reckless discharge of a firearm; creating an
1-3 offense and providing criminal penalties and civil remedies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 42, Penal Code, is amended by adding
1-6 Section 42.12 to read as follows:
1-7 Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN METROPOLITAN
1-8 AREAS. (a) A person commits an offense if the person recklessly
1-9 discharges a firearm inside the corporate limits of a municipality
1-10 having a population of 100,000 or more.
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. Section 125.001, Civil Practice and Remedies
1-16 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
1-17 857, Acts of the 73rd Legislature, Regular Session, 1993, is
1-18 amended to read as follows:
1-19 Sec. 125.001. Common Nuisance. A person who knowingly
1-20 maintains a place to which persons habitually go for the purpose of
1-21 prostitution or gambling in violation of the Penal Code, for the
1-22 purpose of reckless discharge of a firearm as described by Section
1-23 42.12 <42.015>, Penal Code, for the purpose of engaging in
1-24 organized criminal activity as a member of a combination <or as a
2-1 member of a criminal street gang> as described by Section 71.02,
2-2 Penal Code, or for the delivery or use of a controlled substance in
2-3 violation of Chapter 481, Health and Safety Code, maintains a
2-4 common nuisance.
2-5 SECTION 3. Section 125.004(a), Civil Practice and Remedies
2-6 Code, is amended to read as follows:
2-7 (a) Proof that prostitution or gambling in violation of the
2-8 Penal Code, that reckless discharge of a firearm as described by
2-9 Section 42.12 <42.015>, Penal Code, or that the delivery or use of
2-10 a controlled substance in violation of Chapter 481, Health and
2-11 Safety Code, is frequently committed at the place involved or that
2-12 the place is frequently used for reckless discharge of a firearm as
2-13 described by Section 42.12 <42.015>, Penal Code, is prima facie
2-14 evidence that the proprietor knowingly permitted the act.
2-15 SECTION 4. Section 125.004(b), Civil Practice and Remedies
2-16 Code, as amended by Section 3, Chapter 857, and Section 2, Chapter
2-17 968, Acts of the 73rd Legislature, Regular Session, 1993, is
2-18 amended to read as follows:
2-19 (b) Evidence that persons have been convicted of gambling,
2-20 committing prostitution, reckless discharge of a firearm as
2-21 described by Section 42.12 <42.015>, Penal Code, engaging in
2-22 organized criminal activity as a member of a combination <or a
2-23 criminal street gang> as described by Section 71.02, Penal Code, or
2-24 delivering or using a controlled substance in violation of Chapter
2-25 481, Health and Safety Code, in the place involved is admissible to
2-26 show knowledge on the part of the defendant that the act occurred.
2-27 The originals or certified copies of the papers and judgments of
3-1 those convictions are admissible in the suit for injunction, and
3-2 oral evidence is admissible to show that the offense for which a
3-3 person was convicted was committed at the place involved.
3-4 SECTION 5. Section 125.021, Civil Practice and Remedies
3-5 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
3-6 857, Acts of the 73rd Legislature, Regular Session, 1993, is
3-7 amended to read as follows:
3-8 Sec. 125.021. Public Nuisance. The habitual use or the
3-9 threatened or contemplated habitual use of any place for any of the
3-10 following purposes is a public nuisance:
3-11 (1) gambling, gambling promotion, or communicating
3-12 gambling information prohibited by law;
3-13 (2) promotion or aggravated promotion of prostitution;
3-14 (3) compelling prostitution;
3-15 (4) commercial manufacture, commercial distribution,
3-16 or commercial exhibition of obscene material;
3-17 (5) commercial exhibition of live dances or other acts
3-18 depicting real or simulated sexual intercourse or deviate sexual
3-19 intercourse;
3-20 (6) engaging in a voluntary fight between a man and a
3-21 bull if the fight is for a thing of value or a championship, if a
3-22 thing of value is wagered on the fight, or if an admission fee for
3-23 the fight is directly or indirectly charged, as prohibited by law;
3-24 (7) reckless discharge of a firearm as described by
3-25 Section 42.12 <42.015>, Penal Code; <or>
3-26 (8) <(7)> engaging in organized criminal activity as a
3-27 member of a combination <or as a member of a criminal street gang>
4-1 as described by Section 71.02, Penal Code; or
4-2 (9) <(8)> delivering or using a controlled substance
4-3 in violation of Chapter 481, Health and Safety Code.
4-4 SECTION 6. Section 125.041, Civil Practice and Remedies
4-5 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
4-6 857, Acts of the 73rd Legislature, Regular Session, 1993, is
4-7 amended to read as follows:
4-8 Sec. 125.041. Public Nuisance. For the purposes of this
4-9 subchapter, a public nuisance is considered to exist at a place if
4-10 one or more of the following acts occurs at that place on a regular
4-11 basis:
4-12 (1) gambling, gambling promotion, or communication of
4-13 gambling information, as prohibited by Chapter 47, Penal Code;
4-14 (2) promotion or aggravated promotion of prostitution,
4-15 as prohibited by Chapter 43, Penal Code;
4-16 (3) compelling prostitution, as prohibited by Chapter
4-17 43, Penal Code;
4-18 (4) commercial manufacture, commercial distribution,
4-19 or commercial exhibition of material that is obscene, as defined by
4-20 Section 43.21, Penal Code;
4-21 (5) commercial exhibition of a live dance or other act
4-22 in which a person engages in real or simulated sexual intercourse
4-23 or deviate sexual intercourse, as defined by Section 43.01, Penal
4-24 Code;
4-25 (6) reckless discharge of a firearm as described by
4-26 Section 42.12 <42.015>, Penal Code; <or>
4-27 (7) <(6)> engaging in organized criminal activity as a
5-1 member of a combination <or as a member of a criminal street gang>
5-2 as described by Section 71.02, Penal Code; or
5-3 (8) <(7)> manufacture, delivery, or use of a
5-4 controlled substance in violation of Chapter 481, Health and Safety
5-5 Code.
5-6 SECTION 7. The change in law made by Sections 2-6 of this
5-7 Act applies only to a cause of action that accrues on or after the
5-8 effective date of this Act. A cause of action that accrues before
5-9 the effective date of this Act is governed by the law in effect at
5-10 the time the cause of action accrued, and that law is continued in
5-11 effect for that purpose.
5-12 SECTION 8. This Act takes effect September 1, 1995.
5-13 SECTION 9. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.
5-18 COMMITTEE AMENDMENT NO. 1
5-19 Amend H.B. 112 on page 1, between lines 14 and 15 (SECTION 1,
5-20 Sec. 42.12) by adding a new subsection (d) to read follows:
5-21 "(d) Subsection (a) does not affect the authority of a
5-22 municipality to enact an ordinance which prohibits the discharge of
5-23 a firearm."
5-24 Solis