Texas 2015 - 84th Regular

Texas House Bill HB2445 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R3330 LEH-D
2	2	By: White of Tyler H.B. No. 2445
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to conduct that constitutes the offense of displaying a
8	8	firearm in a public place.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 42.01(a), (d), and (e), Penal Code, are
11	11	amended to read as follows:
12	12	(a) A person commits an offense if he intentionally or
13	13	knowingly:
14	14	(1) uses abusive, indecent, profane, or vulgar
15	15	language in a public place, and the language by its very utterance
16	16	tends to incite an immediate breach of the peace;
17	17	(2) makes an offensive gesture or display in a public
18	18	place, and the gesture or display tends to incite an immediate
19	19	breach of the peace;
20	20	(3) creates, by chemical means, a noxious and
21	21	unreasonable odor in a public place;
22	22	(4) abuses or threatens a person in a public place in
23	23	an obviously offensive manner;
24	24	(5) makes unreasonable noise in a public place other
25	25	than a sport shooting range, as defined by Section 250.001, Local
26	26	Government Code, or in or near a private residence that he has no
27	27	right to occupy;
28	28	(6) fights with another in a public place;
29	29	(7) discharges a firearm in a public place other than a
30	30	public road or a sport shooting range, as defined by Section
31	31	250.001, Local Government Code;
32	32	(8) [displays a firearm or other deadly weapon in a
33	33	public place in a manner calculated to alarm;
34	34	[(9)] discharges a firearm on or across a public road;
35	35	(9) [(10)] exposes his anus or genitals in a public
36	36	place and is reckless about whether another may be present who will
37	37	be offended or alarmed by his act; or
38	38	(10) [(11)] for a lewd or unlawful purpose:
39	39	(A) enters on the property of another and looks
40	40	into a dwelling on the property through any window or other opening
41	41	in the dwelling;
42	42	(B) while on the premises of a hotel or
43	43	comparable establishment, looks into a guest room not the person's
44	44	own through a window or other opening in the room; or
45	45	(C) while on the premises of a public place,
46	46	looks into an area such as a restroom or shower stall or changing or
47	47	dressing room that is designed to provide privacy to a person using
48	48	the area.
49	49	(d) An offense under this section is a Class C misdemeanor
50	50	unless committed under Subsection (a)(7) [or (a)(8)], in which
51	51	event it is a Class B misdemeanor.
52	52	(e) It is a defense to prosecution for an offense under
53	53	Subsection (a)(7) or (8) [(9)] that the person who discharged the
54	54	firearm had a reasonable fear of bodily injury to the person or to
55	55	another by a dangerous wild animal as defined by Section 822.101,
56	56	Health and Safety Code.
57	57	SECTION 2. Section 250.006(b), Health and Safety Code, is
58	58	amended to read as follows:
59	59	(b) A person may not be employed in a position the duties of
60	60	which involve direct contact with a consumer in a facility or may
61	61	not be employed by an individual employer before the fifth
62	62	anniversary of the date the person is convicted of:
63	63	(1) an offense under Section 22.01, Penal Code
64	64	(assault), that is punishable as a Class A misdemeanor or as a
65	65	felony;
66	66	(2) an offense under Section 30.02, Penal Code
67	67	(burglary);
68	68	(3) an offense under Chapter 31, Penal Code (theft),
69	69	that is punishable as a felony;
70	70	(4) an offense under Section 32.45, Penal Code
71	71	(misapplication of fiduciary property or property of a financial
72	72	institution), that is punishable as a Class A misdemeanor or a
73	73	felony;
74	74	(5) an offense under Section 32.46, Penal Code
75	75	(securing execution of a document by deception), that is punishable
76	76	as a Class A misdemeanor or a felony;
77	77	(6) an offense under Section 37.12, Penal Code (false
78	78	identification as peace officer); or
79	79	(7) an offense under Section 42.01(a)(7)[,] or (8),
80	80	[or (9),] Penal Code (disorderly conduct).
81	81	SECTION 3. (a) The change in law made by this Act to
82	82	Section 42.01, Penal Code, applies only to an offense committed on
83	83	or after the effective date of this Act. An offense committed before
84	84	the effective date of this Act is governed by the law in effect on
85	85	the date the offense was committed, and the former law is continued
86	86	in effect for that purpose. For purposes of this section, an offense
87	87	was committed before the effective date of this Act if any element
88	88	of the offense occurred before that date.
89	89	(b) The change in law made by this Act to Section 250.006,
90	90	Health and Safety Code, applies to the employability of a nurse aide
91	91	based on criminal history record information for that person
92	92	relating to a conviction or placement on deferred adjudication
93	93	community supervision for an offense under Section 42.01, Penal
94	94	Code, committed on or after the effective date of this Act. The
95	95	employability of a nurse aide based on criminal history record
96	96	information for that person relating to a conviction or placement
97	97	on deferred adjudication community supervision for an offense under
98	98	Section 42.01, Penal Code, that was committed before the effective
99	99	date of this Act is governed by the law in effect on the date the
100	100	offense was committed, and the former law is continued in effect for
101	101	that purpose. For purposes of this section, an offense was
102	102	committed before the effective date of this Act if any element of
103	103	the offense occurred before that date.
104	104	SECTION 4. This Act takes effect September 1, 2015.