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A BILL TO BE ENTITLED
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AN ACT
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relating to the discharge of a firearm across the property line of a |
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school; providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 62, Parks and Wildlife |
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Code, is amended by adding Section 62.0122 to read as follows: |
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Sec. 62.0122. DISCHARGE OF FIREARM ACROSS PROPERTY LINE OF |
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SCHOOL. (a) In this section: |
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(1) "Firearm" has the meaning assigned by Section |
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62.014(a). |
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(2) "School" means a private or public elementary or |
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secondary school. |
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(b) A person commits an offense with a firearm if: |
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(1) the person, while hunting or engaging in |
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recreational shooting, knowingly discharges the firearm; and |
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(2) the projectile from the firearm travels across the |
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property line of a school. |
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(c) If conduct constituting an offense under this section |
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constitutes an offense under a section of the Penal Code, the person |
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may be prosecuted under either section or both sections. |
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(d) The department shall place signs in appropriate places |
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to alert hunters to the proximity of a school and the penalty for a |
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violation of this section. |
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SECTION 2. Section 62.013, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) Except as provided by Subsections (b), [and] (c), and |
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(d) [of this section], a person who violates a provision of this |
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subchapter commits an offense that is a Class C Parks and Wildlife |
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Code misdemeanor. |
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(d) A person who violates Section 62.0122 commits an offense |
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that is a Class A Parks and Wildlife Code misdemeanor, unless it is |
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shown at the trial of the defendant for a violation of that section |
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that the commission of the offense resulted in bodily injury to or |
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the death of any person, in which case the offense is a Parks and |
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Wildlife Code state jail felony. |
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SECTION 3. Section 62.014, Parks and Wildlife Code, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) The department may establish and administer a statewide |
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hunter education program. The program must include but is not |
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limited to instruction concerning: |
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(1) the safe handling and use of firearms, archery |
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equipment, and crossbows; |
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(2) wildlife conservation and management; |
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(3) hunting laws and applicable rules and regulations; |
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and |
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(4) hunting safety and ethics, including landowners' |
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rights and a hunter's personal responsibility as it applies to the |
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discharge of a firearm. |
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(b-1) The department shall include, in a hunter education |
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program established under this section, in any written or |
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Internet-based information produced by the department for the |
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public that relates to hunting, and in any curricular materials |
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that relate to hunting, information on: |
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(1) the prohibition against and the penalty for |
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discharging a projectile from a firearm across the property line of |
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a school; |
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(2) awareness of school property and other |
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surroundings; and |
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(3) personal responsibility as it applies to the |
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discharge of a firearm. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |