77R6586 JAT-D                           
         By Christian, Reyna of Dallas                          H.B. No. 258
         Substitute the following for H.B. No. 258:
         By Hinojosa                                        C.S.H.B. No. 258
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to displaying a deadly weapon in order to hinder an
 1-3     official proceeding or prevent or disrupt a lawful meeting,
 1-4     gathering, or procession; providing penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 38.13, Penal Code, is amended to read as
 1-7     follows:
 1-8           Sec. 38.13.  HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.
 1-9     (a) A person commits an offense if he intentionally hinders an
1-10     official proceeding by:
1-11                 (1)  noise or violent or tumultuous behavior or
1-12     disturbance; or
1-13                 (2)  display of a deadly weapon in plain view.
1-14           (b)  A person commits an offense if after receiving an
1-15     explicit official request to desist he continues to recklessly
1-16     hinder  [hinders] an official proceeding by:
1-17                 (1)  noise or violent or tumultuous behavior or
1-18     disturbance; or
1-19                 (2)  display of a deadly weapon in plain view [and
1-20     continues after explicit official request to desist].
1-21           (c)  If an actor participates in, attends, or appears at or
1-22     in the immediate vicinity of an official proceeding while
1-23     displaying a  deadly weapon in plain view, a peace officer or other
1-24     individual with authority to control the proceeding or the premises
 2-1     on which the proceeding is conducted may order the actor to leave
 2-2     the immediate vicinity and not return with the deadly weapon.  An
 2-3     actor who receives an order under this subsection and refuses to
 2-4     leave or returns with a deadly weapon is presumed to intend to
 2-5     hinder the official proceeding.  This subsection does not prevent
 2-6     an attorney representing the state from establishing intent by
 2-7     direct evidence.
 2-8           (d)  If conduct constituting an offense under this section
 2-9     also constitutes an offense under another section of this code, the
2-10     actor may be prosecuted under either section or under both
2-11     sections.
2-12           (e)  It is a defense to prosecution under this section that
2-13     the actor:
2-14                 (1)  is a public servant lawfully discharging an
2-15     official duty; or
2-16                 (2)  reasonably believes that the actor is acting with
2-17     the express permission of a person described by Subdivision (1).
2-18           (f)  An offense under Subsection (a)(1) or (b)(1) [this
2-19     section] is a Class A misdemeanor.  An offense under Subsection
2-20     (a)(2) or (b)(2) is a state jail felony.
2-21           SECTION 2.  Section 42.05, Penal Code, is amended to read as
2-22     follows:
2-23           Sec. 42.05.  DISRUPTING MEETING OR PROCESSION.  (a)  A person
2-24     commits an offense if, with intent to prevent or disrupt a lawful
2-25     meeting, procession, or gathering, he obstructs or interferes with
2-26     the meeting, procession, or gathering by:
2-27                 (1)  physical action or verbal utterance; or
 3-1                 (2)  display of a deadly weapon in plain view.
 3-2           (b)  If an actor participates in, attends, or appears at or
 3-3     in the immediate vicinity of a public meeting, procession, or
 3-4     gathering while displaying a deadly weapon in plain view, a peace
 3-5     officer or other individual with authority to control the meeting,
 3-6     procession, or gathering or the premises on which the meeting,
 3-7     procession, or gathering is conducted may order the actor to leave
 3-8     the immediate vicinity and not return with the deadly weapon.  An
 3-9     actor who receives an order under this subsection and refuses to
3-10     leave or returns with a deadly weapon is presumed to intend to
3-11     prevent or disrupt the meeting, procession, or gathering.  This
3-12     subsection does not prevent an attorney representing the state from
3-13     establishing intent by direct evidence.
3-14           (c)  If conduct constituting an offense under this section
3-15     also constitutes an offense under another section of this code, the
3-16     actor may be prosecuted under either section or under both
3-17     sections.
3-18           (d)  It is a defense to prosecution under this section that
3-19     the actor:
3-20                 (1)  is a public servant lawfully discharging an
3-21     official duty; or
3-22                 (2)  reasonably believes that the actor is acting with
3-23     the express permission of a peace officer or other individual with
3-24     authority to control the meeting.
3-25           (e)  An offense under Subsection (a)(1) [this section] is a
3-26     Class B misdemeanor.  An offense under Subsection (a)(2) is a state
3-27     jail felony.
 4-1           SECTION 3.  (a) The change in law made by this Act applies
 4-2     only to an offense committed on or after the effective date of this
 4-3     Act.  For purposes of this section, an offense is committed before
 4-4     the effective date of this Act if any element of the offense occurs
 4-5     before the effective date.
 4-6           (b)  An offense committed before the effective date of this
 4-7     Act is covered by the law in effect when the offense was committed,
 4-8     and the former law is continued in effect for that purpose.
 4-9           SECTION 4.  This Act takes effect September 1, 2001.