| 10 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 12 | | SECTION 1. Chapter 22, Penal Code, is amended by adding |
|---|
| 12 | 13 | | Section 22.055 to read as follows: |
|---|
| 13 | 14 | | Sec. 22.055. RECKLESS DISCHARGE OF FIREARM. (a) In this |
|---|
| 14 | 15 | | section: |
|---|
| 15 | 16 | | (1) "Blanks" means ammunition for a firearm that lacks |
|---|
| 16 | 17 | | shot or a bullet. |
|---|
| 17 | 18 | | (2) "Hunting" means to hunt as defined by Section |
|---|
| 18 | 19 | | 1.101, Parks and Wildlife Code. |
|---|
| 19 | 20 | | (3) "Wildlife" has the meaning assigned by Section |
|---|
| 20 | 21 | | 43.103, Parks and Wildlife Code. |
|---|
| 21 | 22 | | (b) A person commits an offense if the person knowingly |
|---|
| 22 | 23 | | discharges a firearm and is reckless in regard to lacking a |
|---|
| 23 | 24 | | reasonable target at the time of discharge. |
|---|
| 24 | 25 | | (c) An offense under Subsection (b) is a Class A |
|---|
| 25 | 26 | | misdemeanor, except that the offense is a felony of the first degree |
|---|
| 26 | 27 | | if it is shown on the trial of the offense that serious bodily |
|---|
| 27 | 28 | | injury or death was suffered by any person by reason of the |
|---|
| 28 | 29 | | commission of the offense. |
|---|
| 29 | 30 | | (d) It is a defense to prosecution under this section that |
|---|
| 30 | 31 | | the person discharged the firearm: |
|---|
| 31 | 32 | | (1) at a sport shooting range, as defined by Section |
|---|
| 32 | 33 | | 250.001, Local Government Code; |
|---|
| 33 | 34 | | (2) while hunting wildlife as licensed, permitted, or |
|---|
| 34 | 35 | | otherwise authorized by the Parks and Wildlife Department; or |
|---|
| 35 | 36 | | (3) while the firearm was loaded with blanks. |
|---|
| 36 | 37 | | (e) If conduct that constitutes an offense under this |
|---|
| 37 | 38 | | section also constitutes an offense under another section of this |
|---|
| 38 | 39 | | code, the actor may be prosecuted under this section or the other |
|---|
| 39 | 40 | | section of this code. |
|---|
| 40 | 41 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|