1-1  By:  West                                               S.B. No. 68
    1-2        (In the Senate - Filed November 17, 1994; January 11, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 15, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; March 15, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 68                      By:  West
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the reckless discharge of a firearm and other common or
   1-11  public nuisances; creating an offense and providing criminal
   1-12  penalties and civil remedies.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Chapter 42, Penal Code, is amended by adding
   1-15  Section 42.12 to read as follows:
   1-16        Sec. 42.12.  DISCHARGE OF FIREARM IN MUNICIPALITIES.  (a)  A
   1-17  person commits an offense if the person recklessly discharges a
   1-18  firearm inside the corporate limits of a municipality.
   1-19        (b)  An offense under this section is a Class A misdemeanor.
   1-20        (c)  If conduct constituting an offense under this section
   1-21  also constitutes an offense under another section of this code, the
   1-22  person may be prosecuted under either section.
   1-23        (d)  Subsection (a) does not affect the authority of a
   1-24  municipality to enact an ordinance which prohibits the discharge of
   1-25  a firearm.
   1-26        SECTION 2.  Section 125.001, Civil Practice and Remedies
   1-27  Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
   1-28  857, Acts of the 73rd Legislature, 1993, is amended to read as
   1-29  follows:
   1-30        Sec. 125.001.  COMMON NUISANCE.  A person who knowingly
   1-31  maintains a place to which persons habitually go for the purpose of
   1-32  prostitution or gambling in violation of the Penal Code, for the
   1-33  purpose of reckless discharge of a firearm as described by Section
   1-34  42.12 <42.015>, Penal Code, for the purpose of engaging in
   1-35  organized criminal activity as a member of a combination <or as a
   1-36  member of a criminal street gang> as described by Section 71.02,
   1-37  Penal Code, <or> for the delivery or use of a controlled substance
   1-38  in violation of Chapter 481, Health and Safety Code, or any felony
   1-39  maintains a common nuisance.
   1-40        SECTION 3.  Subsection (a), Section 125.004, Civil Practice
   1-41  and Remedies Code, is amended to read as follows:
   1-42        (a)  Proof that prostitution or gambling in violation of the
   1-43  Penal Code, that reckless discharge of a firearm as described by
   1-44  Section 42.12 <42.015>, Penal Code, or that the delivery or use of
   1-45  a controlled substance in violation of Chapter 481, Health and
   1-46  Safety Code, is frequently committed at the place involved or that
   1-47  the place is frequently used for reckless discharge of a firearm as
   1-48  described by Section 42.12 <42.015>, Penal Code, or the frequent
   1-49  commission of any felony or felonies is prima facie evidence that
   1-50  the proprietor knowingly permitted the act.
   1-51        SECTION 4.  Subsection (b), Section 125.004, Civil Practice
   1-52  and Remedies Code, as amended by Section 3, Chapter 857, and
   1-53  Section 2, Chapter 968, Acts of the 73rd Legislature, 1993, is
   1-54  amended to read as follows:
   1-55        (b)  Evidence that persons have been convicted of gambling,
   1-56  committing prostitution, reckless discharge of a firearm as
   1-57  described by Section 42.12 <42.015>, Penal Code, engaging in
   1-58  organized criminal activity as a member of a combination <or a
   1-59  criminal street gang> as described by Section 71.02, Penal Code,
   1-60  <or> delivering or using a controlled substance in violation of
   1-61  Chapter 481, Health and Safety Code, or any felony in the place
   1-62  involved is admissible to show knowledge on the part of the
   1-63  defendant that the act occurred.  The originals or certified copies
   1-64  of the papers and judgments of those convictions are admissible in
   1-65  the suit for injunction, and oral evidence is admissible to show
   1-66  that the offense for which a person was convicted was committed at
   1-67  the place involved.
   1-68        SECTION 5.  Section 125.021, Civil Practice and Remedies
    2-1  Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
    2-2  857, Acts of the 73rd Legislature, 1993, is amended to read as
    2-3  follows:
    2-4        Sec. 125.021.  PUBLIC NUISANCE.  The habitual use or the
    2-5  threatened or contemplated habitual use of any place for any of the
    2-6  following purposes is a public nuisance:
    2-7              (1)  gambling, gambling promotion, or communicating
    2-8  gambling information prohibited by law;
    2-9              (2)  promotion or aggravated promotion of prostitution;
   2-10              (3)  compelling prostitution;
   2-11              (4)  commercial manufacture, commercial distribution,
   2-12  or commercial exhibition of obscene material;
   2-13              (5)  commercial exhibition of live dances or other acts
   2-14  depicting real or simulated sexual intercourse or deviate sexual
   2-15  intercourse;
   2-16              (6)  engaging in a voluntary fight between a man and a
   2-17  bull if the fight is for a thing of value or a championship, if a
   2-18  thing of value is wagered on the fight, or if an admission fee for
   2-19  the fight is directly or indirectly charged, as prohibited by law;
   2-20              (7)  reckless discharge of a firearm as described by
   2-21  Section 42.12 <42.015>, Penal Code; <or>
   2-22              (8) <(7)>  engaging in organized criminal activity as a
   2-23  member of a combination <or as a member of a criminal street gang>
   2-24  as described by Section 71.02, Penal Code; <or>
   2-25              (9) <(8)>  delivering or using a controlled substance
   2-26  in violation of Chapter 481, Health and Safety Code; or
   2-27              (10)  committing any felony or felonies.
   2-28        SECTION 6.  Section 125.041, Civil Practice and Remedies
   2-29  Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
   2-30  857, Acts of the 73rd Legislature, 1993, is amended to read as
   2-31  follows:
   2-32        Sec. 125.041.  PUBLIC NUISANCE.  For the purposes of this
   2-33  subchapter, a public nuisance is considered to exist at a place if
   2-34  one or more of the following acts occurs at that place on a regular
   2-35  basis:
   2-36              (1)  gambling, gambling promotion, or communication of
   2-37  gambling information, as prohibited by Chapter 47, Penal Code;
   2-38              (2)  promotion or aggravated promotion of prostitution,
   2-39  as prohibited by Chapter 43, Penal Code;
   2-40              (3)  compelling prostitution, as prohibited by Chapter
   2-41  43, Penal Code;
   2-42              (4)  commercial manufacture, commercial distribution,
   2-43  or commercial exhibition of material that is obscene, as defined by
   2-44  Section 43.21, Penal Code;
   2-45              (5)  commercial exhibition of a live dance or other act
   2-46  in which a person engages in real or simulated sexual intercourse
   2-47  or deviate sexual intercourse, as defined by Section 43.01, Penal
   2-48  Code;
   2-49              (6)  reckless discharge of a firearm as described by
   2-50  Section 42.12 <42.015>, Penal Code; <or>
   2-51              (7) <(6)>  engaging in organized criminal activity as a
   2-52  member of a combination <or as a member of a criminal street gang>
   2-53  as described by Section 71.02, Penal Code; <or>
   2-54              (8) <(7)>  manufacture, delivery, or use of a
   2-55  controlled substance in violation of Chapter 481, Health and Safety
   2-56  Code; or
   2-57              (9)  committing any felony or felonies.
   2-58        SECTION 7.  The change in law made by Sections 2 through 6 of
   2-59  this Act applies only to a cause of action that accrues on or after
   2-60  the effective date of this Act.  A cause of action that accrues
   2-61  before the effective date of this Act is governed by the law in
   2-62  effect at the time the cause of action accrued, and that law is
   2-63  continued in effect for that purpose.
   2-64        SECTION 8.  This Act takes effect September 1, 1995.
   2-65        SECTION 9.  The importance of this legislation and the
   2-66  crowded condition of the calendars in both houses create an
   2-67  emergency and an imperative public necessity that the
   2-68  constitutional rule requiring bills to be read on three several
   2-69  days in each house be suspended, and this rule is hereby suspended.
   2-70                               * * * * *