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.