By Combs                                               H.B. No. 317
       74R2759 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to conduct constituting the offense of disorderly conduct
    1-3  and the punishment for engaging in that conduct.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Articles 42.01(a) and (d), Penal Code, are
    1-6  amended to read as follows:
    1-7        (a)  A person commits an offense if he intentionally or
    1-8  knowingly:
    1-9              (1)  uses abusive, indecent, profane, or vulgar
   1-10  language in a public place, and the language by its very utterance
   1-11  tends to incite an immediate breach of the peace;
   1-12              (2)  makes an offensive gesture or display in a public
   1-13  place, and the gesture or display tends to incite an immediate
   1-14  breach of the peace;
   1-15              (3)  creates, by chemical means, a noxious and
   1-16  unreasonable odor in a public place;
   1-17              (4)  abuses or threatens a person in a public place in
   1-18  an obviously offensive manner;
   1-19              (5)  makes unreasonable noise in a public place other
   1-20  than a sport shooting range, as defined by Section 250.001, Local
   1-21  Government Code, or in or near a private residence that he has no
   1-22  right to occupy;
   1-23              (6)  fights with another in a public place;
   1-24              (7)  <enters on the property of another and> for a lewd
    2-1  or unlawful purpose:
    2-2                    (A)  enters on the property of another and looks
    2-3  into a dwelling on the property through any window or other opening
    2-4  in the dwelling; or
    2-5                    (B)  maintains and employs an apparatus in the
    2-6  person's private residence designed to permit the person to view
    2-7  another while engaged in activity the other reasonably believes is
    2-8  conducted in privacy;
    2-9              (8)  while on the premises of a hotel or comparable
   2-10  establishment, for a lewd or unlawful purpose looks into a guest
   2-11  room not his own through a window or other opening in the room;
   2-12              (9)  discharges a firearm in a public place other than
   2-13  a public road or a sport shooting range, as defined by Section
   2-14  250.001, Local Government Code;
   2-15              (10)  displays a firearm or other deadly weapon in a
   2-16  public place in a manner calculated to alarm;
   2-17              (11)  discharges a firearm on or across a public road;
   2-18  or
   2-19              (12)  exposes his anus or genitals in a public place
   2-20  and is reckless about whether another may be present who will be
   2-21  offended or alarmed by his act.
   2-22        (d)  Except as otherwise provided by this subsection, an <An>
   2-23  offense under this section is a Class C misdemeanor.  An offense
   2-24  under <unless committed under> Subsection (a)(9) or (a)(10)<, in
   2-25  which event it> is a Class B misdemeanor.  An offense under
   2-26  Subsection (a)(7)(B) is a Class A misdemeanor.
   2-27        SECTION 2.  This Act takes effect September 1, 1995.
    3-1        SECTION 3.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.