79R12449 KCR-D


By:  Hilderbran                                                   H.B. No. 505

Substitute the following for H.B. No. 505:                                    

By:  Hilderbran                                               C.S.H.B. No. 505



A BILL TO BE ENTITLED

AN ACT

relating to the discharge of a firearm across a property line; 
providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 62, Parks and Wildlife 
Code, is amended by adding Section 62.0121 to read as follows:
	Sec. 62.0121.  DISCHARGE OF FIREARM ACROSS PROPERTY LINE.  
(a)  In this section, "firearm" has the meaning assigned by Section 
62.014(a).
	(b)  A person commits an offense if:                                    
		(1)  the person, while hunting or engaging in 
recreational shooting, knowingly discharges a firearm; and
		(2)  the projectile from the firearm travels across a 
property line. 
	(c)  It is a defense to prosecution under this section that 
the person:
		(1)  owns the property on both sides of each property 
line crossed by the projectile; or
		(2)  has a written agreement with any person who owns 
property on either side of each property line crossed by the 
projectile that allows the person to discharge a firearm on, over, 
or across the property or property line.
	(d)  The written agreement required under Subsection (c)(2) 
must:     
		(1)  contain the name of the person allowed to hunt or 
engage in recreational shooting in a manner described by Subsection 
(b);
		(2)  identify the property on either side of the 
property line crossed by the projectile; and
		(3)  be signed by any person who owns the property on 
either side of the line crossed by the projectile.
	(e)  An offense under this section is a Class C Parks and 
Wildlife Code misdemeanor.
	(f)  If conduct constituting an offense under this section 
constitutes an offense under a section of the Penal Code, the person 
may be prosecuted under either section or both sections.
	SECTION 2.  This Act takes effect September 1, 2005.