79R3291 PEP-F

By:  Laubenberg                                                   H.B. No. 1543



A BILL TO BE ENTITLED

AN ACT

relating to including within conduct proscribed by the offense of 
obstructing a highway or other passageway certain conduct involving 
the discharge of fireworks.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 42.03(a) and (c), Penal Code, are 
amended to read as follows:
	(a)  A person commits an offense if, without legal privilege 
or authority, the person [he] intentionally, knowingly, or 
recklessly:
		(1)  obstructs a highway, street, sidewalk, railway, 
waterway, elevator, aisle, hallway, entrance, or exit to which the 
public or a substantial group of the public has access, or any other 
place used for the passage of persons, vehicles, or conveyances, 
regardless of the means of creating the obstruction and whether the 
obstruction arises from his acts alone or from his acts and the acts 
of others; [or]
		(2)  disobeys a reasonable request or order to move 
issued by a person the actor knows to be or is informed is a peace 
officer, a fireman, or a person with authority to control the use of 
the premises:
			(A)  to prevent obstruction of a highway or any of 
those areas mentioned in Subdivision (1); or
			(B)  to maintain public safety by dispersing those 
gathered in dangerous proximity to a fire, riot, or other hazard; or
		(3)  discharges fireworks, as defined by Section 
2154.001, Occupations Code:
			(A)  within 300 feet of a highway, street, 
sidewalk, railway, waterway, elevator, aisle, hallway, entrance, 
or exit to which the public or a substantial group of the public has 
access, or any other place used for the passage of persons, 
vehicles, or conveyances; and
			(B)  in a manner reasonably likely to disrupt the 
passage of persons, vehicles, or conveyances.
	(c)  An offense under Subsection (a)(1) or (a)(2) [this 
section] is a Class B misdemeanor.  An offense under Subsection 
(a)(3) is a Class C misdemeanor.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.