86R1897 JCG-D
 
  By: Martinez H.B. No. 86
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the reckless discharge of a firearm;
  creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 22, Penal Code, is amended by adding
  Section 22.055 to read as follows:
         Sec. 22.055.  RECKLESS DISCHARGE OF FIREARM. (a)  In this
  section:
               (1)  "Blanks" means ammunition for a firearm that lacks
  shot or a bullet.
               (2)  "Hunting" means to hunt as defined by Section
  1.101, Parks and Wildlife Code.
               (3)  "Wildlife" has the meaning assigned by Section
  43.103, Parks and Wildlife Code.
         (b)  A person commits an offense if the person knowingly
  discharges a firearm and at the time of discharge:
               (1)  is reckless as to whether the firearm was aimed at
  the person's intended target; or
               (2)  did not have an intended target.
         (c)  An offense under Subsection (b) is a Class A
  misdemeanor, except that the offense is a felony of the first degree
  if it is shown on the trial of the offense that serious bodily
  injury or death was suffered by any person by reason of the
  commission of the offense.
         (d)  It is a defense to prosecution under this section that
  the person discharged the firearm:
               (1)  at a sport shooting range, as defined by Section
  250.001, Local Government Code;
               (2)  while hunting wildlife as licensed, permitted, or
  otherwise authorized by the Parks and Wildlife Department; or
               (3)  while the firearm was loaded with blanks.
         (e)  If conduct that constitutes an offense under this
  section also constitutes an offense under another section of this
  code, the actor may be prosecuted under this section or the other
  section of this code.
         SECTION 2.  This Act takes effect September 1, 2019.