78R205 ATP-D

By:  Phillips                                                     H.B. No. 2901



A BILL TO BE ENTITLED

AN ACT

relating to the conduct constituting 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)  through a window or other opening in the room and 
for a lewd or unlawful purpose, looks into an occupied dressing room 
in a retail establishment or an occupied room in a tanning facility, 
as that term is defined by Section 145.002, Health and Safety Code.
	SECTION 2.  This Act takes effect September 1, 2003.