By Christian                                           H.B. No. 258
         77R2172 JAT-F                           
                                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)  An offense under Subsection (a)(1) or (b)(1) [this
2-13     section] is a Class A misdemeanor.  An offense under Subsection
2-14     (a)(2) or (b)(2) is a state jail felony.
2-15           SECTION 2.  Section 42.05, Penal Code, is amended to read as
2-16     follows:
2-17           Sec. 42.05.  DISRUPTING MEETING OR PROCESSION.  (a)  A person
2-18     commits an offense if, with intent to prevent or disrupt a lawful
2-19     meeting, procession, or gathering, he obstructs or interferes with
2-20     the meeting, procession, or gathering by:
2-21                 (1)  physical action or verbal utterance; or
2-22                 (2)  display of a deadly weapon in plain view.
2-23           (b)  If an actor participates in, attends, or appears at or
2-24     in the immediate vicinity of a public meeting, procession, or
2-25     gathering while displaying a deadly weapon in plain view, a peace
2-26     officer or other individual with authority to control the meeting,
2-27     procession, or gathering or the premises on which the meeting,
 3-1     procession, or gathering is conducted may order the actor to leave
 3-2     the immediate vicinity and not return with the deadly weapon.  An
 3-3     actor who receives an order under this subsection and refuses to
 3-4     leave or returns with a deadly weapon is presumed to intend to
 3-5     prevent or disrupt the meeting, procession, or gathering.  This
 3-6     subsection does not prevent an attorney representing the state from
 3-7     establishing intent by direct evidence.
 3-8           (c)  If conduct constituting an offense under this section
 3-9     also constitutes an offense under another section of this code, the
3-10     actor may be prosecuted under either section or under both
3-11     sections.
3-12           (d)  An offense under Subsection (a)(1) [this section] is a
3-13     Class B misdemeanor.  An offense under Subsection (a)(2) is a state
3-14     jail felony.
3-15           SECTION 3.  (a) The change in law made by this Act applies
3-16     only to an offense committed on or after the effective date of this
3-17     Act.  For purposes of this section, an offense is committed before
3-18     the effective date of this Act if any element of the offense occurs
3-19     before the effective date.
3-20           (b)  An offense committed before the effective date of this
3-21     Act is covered by the law in effect when the offense was committed,
3-22     and the former law is continued in effect for that purpose.
3-23           SECTION 4.  This Act takes effect September 1, 2001.