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78R1582 KEL-F

By:  Keel                                                         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.  Section 42.01(a), Penal Code, is 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;
		(10)  displays a firearm or other deadly weapon in a 
public place in a manner calculated to alarm;
		(11)  discharges a firearm on or across a public road;  
[or]
		(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
		(13)  while on the premises of a public place, for a 
lewd or unlawful purpose 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.
	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.