| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the discharge of a firearm across the property line of |
|
|
an educational facility and educating hunters on that subject; |
|
|
providing criminal penalties. |
|
|
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 62.0122 to read as follows: |
|
|
Sec. 62.0122. DISCHARGE OF FIREARM ACROSS PROPERTY LINE OF |
|
|
EDUCATIONAL FACILITY. (a) In this section: |
|
|
(1) "Educational facility" means a public or private: |
|
|
(A) prekindergarten facility; |
|
|
(B) elementary or secondary school; or |
|
|
(C) junior college, college, or university. |
|
|
(2) "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 the |
|
|
property line of an educational facility. |
|
|
(c) 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. Section 62.013, Parks and Wildlife Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (d) to |
|
|
read as follows: |
|
|
(a) Except as provided by Subsections (b), [and] (c), and |
|
|
(d) [of this section], a person who violates a provision of this |
|
|
subchapter commits an offense that is a Class C Parks and Wildlife |
|
|
Code misdemeanor. |
|
|
(d) A person who violates Section 62.0122 commits an offense |
|
|
that is a Class C Parks and Wildlife Code misdemeanor, except that |
|
|
the offense is a Class A Parks and Wildlife Code misdemeanor if it |
|
|
is shown on the trial of the offense that the violation occurred |
|
|
while students were present at the educational facility. |
|
|
SECTION 3. Section 62.014, Parks and Wildlife Code, is |
|
|
amended by adding Subsection (b-1) to read as follows: |
|
|
(b-1) A hunter education course must include information |
|
|
describing the penalty for the discharge of a firearm across the |
|
|
property line of an educational facility as provided by Section |
|
|
62.0122. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
covered by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 5. This Act takes effect September 1, 2013. |