| 1 | 1 | | 84R5846 LED-D |
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| 2 | 2 | | By: Riddle H.B. No. 1747 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of entry of a person into a public |
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| 8 | 8 | | restroom designated for the opposite sex as disorderly conduct. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 42.01, Penal Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsections (h) and (i) to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (a) A person commits an offense if the person [he] |
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| 14 | 14 | | intentionally or knowingly: |
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| 15 | 15 | | (1) uses abusive, indecent, profane, or vulgar |
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| 16 | 16 | | language in a public place, and the language by its very utterance |
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| 17 | 17 | | tends to incite an immediate breach of the peace; |
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| 18 | 18 | | (2) makes an offensive gesture or display in a public |
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| 19 | 19 | | place, and the gesture or display tends to incite an immediate |
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| 20 | 20 | | breach of the peace; |
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| 21 | 21 | | (3) creates, by chemical means, a noxious and |
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| 22 | 22 | | unreasonable odor in a public place; |
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| 23 | 23 | | (4) abuses or threatens a person in a public place in |
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| 24 | 24 | | an obviously offensive manner; |
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| 25 | 25 | | (5) makes unreasonable noise in a public place other |
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| 26 | 26 | | than a sport shooting range, as defined by Section 250.001, Local |
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| 27 | 27 | | Government Code, or in or near a private residence that the person |
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| 28 | 28 | | [he] has no right to occupy; |
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| 29 | 29 | | (6) fights with another in a public place; |
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| 30 | 30 | | (7) discharges a firearm in a public place other than a |
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| 31 | 31 | | public road or a sport shooting range, as defined by Section |
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| 32 | 32 | | 250.001, Local Government Code; |
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| 33 | 33 | | (8) displays a firearm or other deadly weapon in a |
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| 34 | 34 | | public place in a manner calculated to alarm; |
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| 35 | 35 | | (9) discharges a firearm on or across a public road; |
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| 36 | 36 | | (10) exposes the person's [his] anus or genitals in a |
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| 37 | 37 | | public place and is reckless about whether another may be present |
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| 38 | 38 | | who will be offended or alarmed by the [his] act; [or] |
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| 39 | 39 | | (11) for a lewd or unlawful purpose: |
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| 40 | 40 | | (A) enters on the property of another and looks |
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| 41 | 41 | | into a dwelling on the property through any window or other opening |
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| 42 | 42 | | in the dwelling; |
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| 43 | 43 | | (B) while on the premises of a hotel or |
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| 44 | 44 | | comparable establishment, looks into a guest room not the person's |
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| 45 | 45 | | own through a window or other opening in the room; or |
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| 46 | 46 | | (C) while on the premises of a public place, |
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| 47 | 47 | | looks into an area such as a restroom or shower stall or changing or |
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| 48 | 48 | | dressing room that is designed to provide privacy to a person using |
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| 49 | 49 | | the area; or |
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| 50 | 50 | | (12) enters a public restroom that is designated by a |
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| 51 | 51 | | sign for members of the opposite sex of the actor. |
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| 52 | 52 | | (h) For the purpose of Subsection (a)(12), a person's sex is |
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| 53 | 53 | | the sex listed on the person's driver's license or personal |
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| 54 | 54 | | identification card issued by this state or another state. |
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| 55 | 55 | | (i) It is a defense to prosecution under Subsection (a)(12) |
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| 56 | 56 | | that: |
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| 57 | 57 | | (1) the person is: |
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| 58 | 58 | | (A) an adult accompanying a child of the opposite |
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| 59 | 59 | | sex younger than eight years of age; or |
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| 60 | 60 | | (B) a child younger than eight years of age |
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| 61 | 61 | | accompanied by an adult of the opposite sex; or |
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| 62 | 62 | | (2) the restroom used is a single-user restroom with a |
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| 63 | 63 | | door lock. |
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| 64 | 64 | | SECTION 2. This Act takes effect September 1, 2015. |
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