HBA-TYH H.B. 201 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 201
By: Burnam
Criminal Jurisprudence
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, under Section 22.05, Penal Code (Deadly Conduct), the penalty
for discharging a firearm at or in the direction of a person or at a
building or vehicle is a third degree felony.  H.B. 201 increases the
penalty for discharging a firearm at or in the direction of a person or at
building or vehicle to a first degree felony. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.05(e), Penal Code, to increase  an offense
under Subsection (b) from a felony of the third degree to a felony of the
first degree.  Subsection (b) provides that a person commits an offense if
he knowingly discharges a firearm at or in the direction of one or more
individuals or a habitation, building, or vehicle, being reckless as to
whether the habitation, building, or vehicle is occupied. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.