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A BILL TO BE ENTITLED
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AN ACT
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relating to displaying a firearm at or near a public demonstration; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.01, Penal Code, is amended by |
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amending Subsections (a), (a-1), and (d) and adding Subsection (h) |
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to read as follows: |
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(a) A person commits an offense if the person [he] |
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intentionally or knowingly: |
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(1) uses abusive, indecent, profane, or vulgar |
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language in a public place, and the language by its very utterance |
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tends to incite an immediate breach of the peace; |
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(2) makes an offensive gesture or display in a public |
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place, and the gesture or display tends to incite an immediate |
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breach of the peace; |
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(3) creates, by chemical means, a noxious and |
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unreasonable odor in a public place; |
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(4) abuses or threatens a person in a public place in |
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an obviously offensive manner; |
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(5) makes unreasonable noise in a public place other |
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than a sport shooting range, as defined by Section 250.001, Local |
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Government Code, or in or near a private residence that the person |
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[he] has no right to occupy; |
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(6) fights with another in a public place; |
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(7) discharges a firearm in a public place other than a |
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public road or a sport shooting range, as defined by Section |
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250.001, Local Government Code; |
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(8) displays a firearm or other deadly weapon in a |
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public place in a manner calculated to alarm; |
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(9) discharges a firearm on or across a public road; |
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(10) exposes the person's [his] anus or genitals in a |
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public place and is reckless about whether another may be present |
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who will be offended or alarmed by the person's [his] act; [or] |
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(11) for a lewd or unlawful purpose: |
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(A) enters on the property of another and looks |
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into a dwelling on the property through any window or other opening |
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in the dwelling; |
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(B) while on the premises of a hotel or |
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comparable establishment, looks into a guest room not the person's |
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own through a window or other opening in the room; or |
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(C) while on the premises of a public place, |
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looks into an area such as a restroom or shower stall or changing or |
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dressing room that is designed to provide privacy to a person using |
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the area; or |
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(12) displays a firearm while attending or within 500 |
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feet of a public demonstration. |
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(a-1) In this section: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01. |
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(2) "Public demonstration" means one or more persons |
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in a public place who are demonstrating, picketing, speechmaking, |
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marching, holding a vigil, or engaging in any other similar conduct |
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that involves the communication or expression of views or |
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grievances and that has the effect, intent, or propensity to |
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attract a crowd or onlookers. The term does not include a casual use |
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of property by visitors or tourists that does not have the intent or |
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propensity to attract a crowd or onlookers. |
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(3) "Public place" [For purposes of Subsection (a), |
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the term "public place"] includes a public school campus or the |
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school grounds on which a public school is located. |
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(d) An offense under this section is a Class C misdemeanor |
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unless committed under Subsection (a)(7), (8), or (12), [or |
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(a)(8),] in which event the offense [it] is a Class B misdemeanor. |
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(h) It is a defense to prosecution under Subsection (a)(12) |
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that the actor displayed the firearm in discharging the actor's |
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official duties as: |
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(1) a peace officer; |
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(2) a member of the armed forces of this state or the |
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United States; or |
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(3) a security officer who holds a security officer |
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commission under Chapter 1702, Occupations Code, or a personal |
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protection officer who holds a personal protection officer license |
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under that chapter, provided that the officer is: |
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(A) wearing the uniform of a security officer, |
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including any uniform or apparel described by Section 1702.323(d) |
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of that code; and |
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(B) carrying the firearm in plain view. |
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SECTION 2. Section 42.04, Penal Code, is amended by |
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amending Subsections (a) and (c) to read as follows: |
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(a) If conduct that would otherwise violate Section |
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42.01(a)(5) (Unreasonable Noise), 42.01(a)(12) (Display of Firearm |
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at Public Demonstration), 42.03 (Obstructing Passageway), or |
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42.055 (Funeral Service Disruptions) consists of speech or other |
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communication, of gathering with others to hear or observe such |
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speech or communication, or of gathering with others to picket or |
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otherwise express in a nonviolent manner a position on social, |
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economic, political, or religious questions, the actor must be |
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ordered to move, disperse, or otherwise remedy the violation prior |
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to the actor's [his] arrest if the actor [he] has not yet |
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intentionally harmed the interests of others which those sections |
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seek to protect. |
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(c) It is a defense to prosecution under Section 42.01(a)(5) |
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or (12), 42.03, or 42.055: |
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(1) that in circumstances in which this section |
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requires an order no order was given; |
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(2) that an order, if given, was manifestly |
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unreasonable in scope; or |
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(3) that an order, if given, was promptly obeyed. |
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SECTION 3. 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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governed by the law in effect when the offense was committed, and |
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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 4. This Act takes effect September 1, 2023. |