74R9469 GWK-D
By West S.B. No. 68
Substitute the following for S.B. No. 68:
By Farrar C.S.S.B. No. 68
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 (d) Subsection (a) does not affect the authority of a
1-16 municipality to enact an ordinance that prohibits the discharge of
1-17 a firearm.
1-18 SECTION 2. Section 125.001, Civil Practice and Remedies
1-19 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
1-20 857, Acts of the 73rd Legislature, Regular Session, 1993, is
1-21 amended to read as follows:
1-22 Sec. 125.001. Common Nuisance. A person who knowingly
1-23 maintains a place to which persons habitually go for the purpose of
1-24 prostitution or gambling in violation of the Penal Code, for the
2-1 purpose of discharge of a firearm in a public place in violation of
2-2 Section 42.01(a)(9), Penal Code, for the purpose of reckless
2-3 discharge of a firearm as described by Section 42.12 <42.015>,
2-4 Penal Code, for the purpose of engaging in organized criminal
2-5 activity as a member of a combination <or as a member of a criminal
2-6 street gang> as described by Section 71.02, Penal Code, or for the
2-7 delivery or use of a controlled substance in violation of Chapter
2-8 481, Health and Safety Code, maintains a common nuisance.
2-9 SECTION 3. Section 125.004(a), Civil Practice and Remedies
2-10 Code, is amended to read as follows:
2-11 (a) Proof that prostitution or gambling in violation of the
2-12 Penal Code, that discharge of a firearm in a public place in
2-13 violation of Section 42.01(a)(9), Penal Code, that reckless
2-14 discharge of a firearm as described by Section 42.12 <42.015>,
2-15 Penal Code, or that the delivery or use of a controlled substance
2-16 in violation of Chapter 481, Health and Safety Code, is frequently
2-17 committed at the place involved or that the place is frequently
2-18 used for reckless discharge of a firearm as described by Section
2-19 42.12 <42.015>, Penal Code, is prima facie evidence that the
2-20 proprietor knowingly permitted the act.
2-21 SECTION 4. Section 125.004(b), Civil Practice and Remedies
2-22 Code, as amended by Section 3, Chapter 857, and Section 2, Chapter
2-23 968, Acts of the 73rd Legislature, Regular Session, 1993, is
2-24 amended to read as follows:
2-25 (b) Evidence that persons have been convicted of gambling,
2-26 committing prostitution, discharge of a firearm in a public place
2-27 in violation of Section 42.01(a)(9), Penal Code, reckless discharge
3-1 of a firearm as described by Section 42.12 <42.015>, Penal Code,
3-2 engaging in organized criminal activity as a member of a
3-3 combination <or a criminal street gang> as described by Section
3-4 71.02, Penal Code, or delivering or using a controlled substance in
3-5 violation of Chapter 481, Health and Safety Code, in the place
3-6 involved is admissible to show knowledge on the part of the
3-7 defendant that the act occurred. The originals or certified copies
3-8 of the papers and judgments of those convictions are admissible in
3-9 the suit for injunction, and oral evidence is admissible to show
3-10 that the offense for which a person was convicted was committed at
3-11 the place involved.
3-12 SECTION 5. Section 125.021, Civil Practice and Remedies
3-13 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
3-14 857, Acts of the 73rd Legislature, Regular Session, 1993, is
3-15 amended to read as follows:
3-16 Sec. 125.021. Public Nuisance. The habitual use or the
3-17 threatened or contemplated habitual use of any place for any of the
3-18 following purposes is a public nuisance:
3-19 (1) gambling, gambling promotion, or communicating
3-20 gambling information prohibited by law;
3-21 (2) promotion or aggravated promotion of prostitution;
3-22 (3) compelling prostitution;
3-23 (4) commercial manufacture, commercial distribution,
3-24 or commercial exhibition of obscene material;
3-25 (5) commercial exhibition of live dances or other acts
3-26 depicting real or simulated sexual intercourse or deviate sexual
3-27 intercourse;
4-1 (6) engaging in a voluntary fight between a man and a
4-2 bull if the fight is for a thing of value or a championship, if a
4-3 thing of value is wagered on the fight, or if an admission fee for
4-4 the fight is directly or indirectly charged, as prohibited by law;
4-5 (7) discharge of a firearm in a public place in
4-6 violation of Section 42.01(a)(9), Penal Code;
4-7 (8) reckless discharge of a firearm as described by
4-8 Section 42.12 <42.015>, Penal Code; <or>
4-9 (9) <(7)> engaging in organized criminal activity as a
4-10 member of a combination <or as a member of a criminal street gang>
4-11 as described by Section 71.02, Penal Code; or
4-12 (10) <(8)> delivering or using a controlled substance
4-13 in violation of Chapter 481, Health and Safety Code.
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, Regular Session, 1993, is
4-17 amended to read as 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;
4-26 (3) compelling prostitution, as prohibited by Chapter
4-27 43, Penal Code;
5-1 (4) commercial manufacture, commercial distribution,
5-2 or commercial exhibition of material that is obscene, as defined by
5-3 Section 43.21, Penal Code;
5-4 (5) commercial exhibition of a live dance or other act
5-5 in which a person engages in real or simulated sexual intercourse
5-6 or deviate sexual intercourse, as defined by Section 43.01, Penal
5-7 Code;
5-8 (6) discharge of a firearm in violation of Section
5-9 42.01(a)(9), Penal Code;
5-10 (7) reckless discharge of a firearm as described by
5-11 Section 42.12 <42.015>, Penal Code; <or>
5-12 (8) <(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 (9) <(7)> manufacture, delivery, or use of a
5-16 controlled substance in violation of Chapter 481, Health and Safety
5-17 Code.
5-18 SECTION 7. The change in law made by Sections 2-6 of this
5-19 Act applies only to a cause of action that accrues on or after the
5-20 effective date of this Act. A cause of action that accrues before
5-21 the effective date of this Act is governed by the law in effect at
5-22 the time the cause of action accrued, and that law is continued in
5-23 effect for that purpose.
5-24 SECTION 8. This Act takes effect September 1, 1995.
5-25 SECTION 9. The importance of this legislation and the
5-26 crowded condition of the calendars in both houses create an
5-27 emergency and an imperative public necessity that the
6-1 constitutional rule requiring bills to be read on three several
6-2 days in each house be suspended, and this rule is hereby suspended.