SRC-VRA, S.B. 80 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 80
78R880 EMT-DBy: Zaffirini
Intergovernmental Relations
2/5/2003
As Filed


DIGEST AND PURPOSE 

Many municipalities have problems with individuals shooting firearms
within city limits during certain holidays such as July 4th and New Year's
Eve.  Consequently, persons have been injured or  killed by stray bullets.
The offense of reckless discharge of a firearm in certain municipalities
is currently a Class A misdemeanor.  As proposed, S.B. 80 would make
reckless discharge of a firearm a state jail felony. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
any state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.12(b), Penal Code, to provide that an
offense under this section (reckless discharge of a firearm) is a state
jail felony, rather than a Class A misdemeanor.   Provides that Section
12.35 (c) (1) does not apply to the punishment for an offense under this
section. 

SECTION 2.  Effective date: September 1, 2003
                       Makes application of this Act prospective.