By:  West                                               S.B. No. 68
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the reckless discharge of a firearm and other common or
    1-2  public nuisances; creating an offense and providing criminal
    1-3  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 MUNICIPALITIES.  (a)  A
    1-8  person commits an offense if the person recklessly discharges a
    1-9  firearm inside the corporate limits of a municipality.
   1-10        (b)  An offense under this section is a Class A misdemeanor.
   1-11        (c)  If conduct constituting an offense under this section
   1-12  also constitutes an offense under another section of this code, the
   1-13  person may be prosecuted under either section.
   1-14        (d)  Subsection (a) does not affect the authority of a
   1-15  municipality to enact an ordinance which prohibits the discharge of
   1-16  a firearm.
   1-17        SECTION 2.  Section 125.001, Civil Practice and Remedies
   1-18  Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
   1-19  857, Acts of the 73rd Legislature, 1993, is amended to read as
   1-20  follows:
   1-21        Sec. 125.001.  COMMON NUISANCE.  A person who knowingly
   1-22  maintains a place to which persons habitually go for the purpose of
   1-23  prostitution or gambling in violation of the Penal Code, for the
    2-1  purpose of reckless discharge of a firearm as described by Section
    2-2  42.12 <42.015>, Penal Code, for the purpose of engaging in
    2-3  organized criminal activity as a member of a combination <or as a
    2-4  member of a criminal street gang> as described by Section 71.02,
    2-5  Penal Code, <or> for the delivery or use of a controlled substance
    2-6  in violation of Chapter 481, Health and Safety Code, or any felony
    2-7  maintains a common nuisance.
    2-8        SECTION 3.  Subsection (a), Section 125.004, Civil Practice
    2-9  and Remedies Code, is amended to read as follows:
   2-10        (a)  Proof that prostitution or gambling in violation of the
   2-11  Penal Code, that reckless discharge of a firearm as described by
   2-12  Section 42.12 <42.015>, Penal Code, or that the delivery or use of
   2-13  a controlled substance in violation of Chapter 481, Health and
   2-14  Safety Code, is frequently committed at the place involved or that
   2-15  the place is frequently used for reckless discharge of a firearm as
   2-16  described by Section 42.12 <42.015>, Penal Code, or the frequent
   2-17  commission of any felony or felonies is prima facie evidence that
   2-18  the proprietor knowingly permitted the act.
   2-19        SECTION 4.  Subsection (b), Section 125.004, Civil Practice
   2-20  and Remedies Code, as amended by Section 3, Chapter 857, and
   2-21  Section 2, Chapter 968, Acts of the 73rd Legislature, 1993, is
   2-22  amended to read as follows:
   2-23        (b)  Evidence that persons have been convicted of gambling,
   2-24  committing prostitution, reckless discharge of a firearm as
   2-25  described by Section 42.12 <42.015>, Penal Code, engaging in
    3-1  organized criminal activity as a member of a combination <or a
    3-2  criminal street gang> as described by Section 71.02, Penal Code,
    3-3  <or> delivering or using a controlled substance in violation of
    3-4  Chapter 481, Health and Safety Code, or any felony in the place
    3-5  involved is admissible to show knowledge on the part of the
    3-6  defendant that the act occurred.  The originals or certified copies
    3-7  of the papers and judgments of those convictions are admissible in
    3-8  the suit for injunction, and oral evidence is admissible to show
    3-9  that the offense for which a person was convicted was committed at
   3-10  the place involved.
   3-11        SECTION 5.  Section 125.021, Civil Practice and Remedies
   3-12  Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
   3-13  857, Acts of the 73rd Legislature, 1993, is amended to read as
   3-14  follows:
   3-15        Sec. 125.021.  PUBLIC NUISANCE.  The habitual use or the
   3-16  threatened or contemplated habitual use of any place for any of the
   3-17  following purposes is a public nuisance:
   3-18              (1)  gambling, gambling promotion, or communicating
   3-19  gambling information prohibited by law;
   3-20              (2)  promotion or aggravated promotion of prostitution;
   3-21              (3)  compelling prostitution;
   3-22              (4)  commercial manufacture, commercial distribution,
   3-23  or commercial exhibition of obscene material;
   3-24              (5)  commercial exhibition of live dances or other acts
   3-25  depicting real or simulated sexual intercourse or deviate sexual
    4-1  intercourse;
    4-2              (6)  engaging in a voluntary fight between a man and a
    4-3  bull if the fight is for a thing of value or a championship, if a
    4-4  thing of value is wagered on the fight, or if an admission fee for
    4-5  the fight is directly or indirectly charged, as prohibited by law;
    4-6              (7)  reckless discharge of a firearm as described by
    4-7  Section 42.12 <42.015>, Penal Code; <or>
    4-8              (8) <(7)>  engaging in organized criminal activity as a
    4-9  member of a combination <or as a member of a criminal street gang>
   4-10  as described by Section 71.02, Penal Code; <or>
   4-11              (9) <(8)>  delivering or using a controlled substance
   4-12  in violation of Chapter 481, Health and Safety Code; or
   4-13              (10)  committing any felony or felonies.
   4-14        SECTION 6.  Section 125.041, Civil Practice and Remedies
   4-15  Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
   4-16  857, Acts of the 73rd Legislature, 1993, is amended to read as
   4-17  follows:
   4-18        Sec. 125.041.  PUBLIC NUISANCE.  For the purposes of this
   4-19  subchapter, a public nuisance is considered to exist at a place if
   4-20  one or more of the following acts occurs at that place on a regular
   4-21  basis:
   4-22              (1)  gambling, gambling promotion, or communication of
   4-23  gambling information, as prohibited by Chapter 47, Penal Code;
   4-24              (2)  promotion or aggravated promotion of prostitution,
   4-25  as prohibited by Chapter 43, Penal Code;
    5-1              (3)  compelling prostitution, as prohibited by Chapter
    5-2  43, Penal Code;
    5-3              (4)  commercial manufacture, commercial distribution,
    5-4  or commercial exhibition of material that is obscene, as defined by
    5-5  Section 43.21, Penal Code;
    5-6              (5)  commercial exhibition of a live dance or other act
    5-7  in which a person engages in real or simulated sexual intercourse
    5-8  or deviate sexual intercourse, as defined by Section 43.01, Penal
    5-9  Code;
   5-10              (6)  reckless discharge of a firearm as described by
   5-11  Section 42.12 <42.015>, Penal Code; <or>
   5-12              (7) <(6)>  engaging in organized criminal activity as a
   5-13  member of a combination <or as a member of a criminal street gang>
   5-14  as described by Section 71.02, Penal Code; <or>
   5-15              (8) <(7)>  manufacture, delivery, or use of a
   5-16  controlled substance in violation of Chapter 481, Health and Safety
   5-17  Code; or
   5-18              (9)  committing any felony or felonies.
   5-19        SECTION 7.  The change in law made by Sections 2 through 6 of
   5-20  this Act applies only to a cause of action that accrues on or after
   5-21  the effective date of this Act.  A cause of action that accrues
   5-22  before the effective date of this Act is governed by the law in
   5-23  effect at the time the cause of action accrued, and that law is
   5-24  continued in effect for that purpose.
   5-25        SECTION 8.  This Act takes effect September 1, 1995.
    6-1        SECTION 9.  The importance of this legislation and the
    6-2  crowded condition of the calendars in both houses create an
    6-3  emergency and an imperative public necessity that the
    6-4  constitutional rule requiring bills to be read on three several
    6-5  days in each house be suspended, and this rule is hereby suspended.