87R2541 JCG-D
By: Martinez H.B. No. 670
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.
(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 this section is a Class A misdemeanor,
except that the offense is a felony of the second 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 as licensed, permitted, or otherwise
authorized by the Parks and Wildlife Department;
(3) while the firearm was loaded with blanks; or
(4) while in the course of making a motion picture or
television or digital production for which the Texas Film
Commission or a political subdivision of this state has issued a
permit.
(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, 2021.