78R7482 KEL-D


By:  Keel                                                         H.B. No. 12 

Substitute the following for H.B. No. 12:                                     

By:  Keel                                                     C.S.H.B. No. 12 



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of disorderly conduct.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 42.01(a), (d), and (e), Penal Code, are 
amended to read as follows:
	(a)  A person commits an offense if he intentionally or 
knowingly:           
		(1)  uses abusive, indecent, profane, or vulgar 
language in a public place, and the language by its very utterance 
tends to incite an immediate breach of the peace;
		(2)  makes an offensive gesture or display in a public 
place, and the gesture or display tends to incite an immediate 
breach of the peace;
		(3)  creates, by chemical means, a noxious and 
unreasonable odor in a public place;
		(4)  abuses or threatens a person in a public place in 
an obviously offensive manner;
		(5)  makes unreasonable noise in a public place other 
than a sport shooting range, as defined by Section 250.001, Local 
Government Code, or in or near a private residence that he has no 
right to occupy;
		(6)  fights with another in a public place;                                   
		(7)  [enters on the property of another and for a lewd 
or unlawful purpose looks into a dwelling on the property through 
any window or other opening in the dwelling;
		[(8)  while on the premises of a hotel or comparable 
establishment, for a lewd or unlawful purpose looks into a guest 
room not his own through a window or other opening in the room;
		[(9)]  discharges a firearm in a public place other 
than a public road or a sport shooting range, as defined by Section 
250.001, Local Government Code;
		(8) [(10)]  displays a firearm or other deadly weapon 
in a public place in a manner calculated to alarm;
		(9) [(11)]  discharges a firearm on or across a public 
road; [or]
		(10) [(12)]  exposes his anus or genitals in a public 
place and is reckless about whether another may be present who will 
be offended or alarmed by his act; or
		(11)  for a lewd or unlawful purpose:                                  
			(A)  enters on the property of another and looks 
into a dwelling on the property through any window or other opening 
in the dwelling;
			(B)  while on the premises of a hotel or 
comparable establishment, looks into a guest room not the person's 
own through a window or other opening in the room; or
			(C)  while on the premises of a public place, 
looks into an area such as a restroom or shower stall or changing or 
dressing room that is designed to provide privacy to a person using 
the area.
	(d)  An offense under this section is a Class C misdemeanor 
unless committed under Subsection (a)(7) [(a)(9)] or (a)(8)
[(a)(10)], in which event it is a Class B misdemeanor.
	(e)  It is a defense to prosecution for an offense under 
Subsection (a)(7) [(a)(9)] or (9) [(11)] that the person who 
discharged the firearm had a reasonable fear of bodily injury to the 
person or to another by a dangerous wild animal as defined by 
Section 822.101, Health and Safety Code.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act. For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.   This Act takes effect September 1, 2003.