Texas 2021 - 87th Regular

Texas Senate Bill SB311 Compare Versions

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

Old	New	Differences
1	1	87R2533 JCG-D
2	2	By: Eckhardt S.B. No. 311
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to displaying a firearm at or near a public demonstration;
8	8	creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.01, Penal Code, is amended by
11	11	amending Subsections (a), (a-1), and (d) and adding Subsection (h)
12	12	to read as follows:
13	13	(a) A person commits an offense if the person [he]
14	14	intentionally or knowingly:
15	15	(1) uses abusive, indecent, profane, or vulgar
16	16	language in a public place, and the language by its very utterance
17	17	tends to incite an immediate breach of the peace;
18	18	(2) makes an offensive gesture or display in a public
19	19	place, and the gesture or display tends to incite an immediate
20	20	breach of the peace;
21	21	(3) creates, by chemical means, a noxious and
22	22	unreasonable odor in a public place;
23	23	(4) abuses or threatens a person in a public place in
24	24	an obviously offensive manner;
25	25	(5) makes unreasonable noise in a public place other
26	26	than a sport shooting range, as defined by Section 250.001, Local
27	27	Government Code, or in or near a private residence that the person
28	28	[he] has no right to occupy;
29	29	(6) fights with another in a public place;
30	30	(7) discharges a firearm in a public place other than a
31	31	public road or a sport shooting range, as defined by Section
32	32	250.001, Local Government Code;
33	33	(8) displays a firearm or other deadly weapon in a
34	34	public place in a manner calculated to alarm;
35	35	(9) discharges a firearm on or across a public road;
36	36	(10) exposes the person's [his] anus or genitals in a
37	37	public place and is reckless about whether another may be present
38	38	who will be offended or alarmed by the person's [his] act; [or]
39	39	(11) for a lewd or unlawful purpose:
40	40	(A) enters on the property of another and looks
41	41	into a dwelling on the property through any window or other opening
42	42	in the dwelling;
43	43	(B) while on the premises of a hotel or
44	44	comparable establishment, looks into a guest room not the person's
45	45	own through a window or other opening in the room; or
46	46	(C) while on the premises of a public place,
47	47	looks into an area such as a restroom or shower stall or changing or
48	48	dressing room that is designed to provide privacy to a person using
49	49	the area; or
50	50	(12) displays a firearm while attending or within 500
51	51	feet of a public demonstration.
52	52	(a-1) In this section:
53	53	(1) "Firearm" has the meaning assigned by Section
54	54	46.01.
55	55	(2) "Public demonstration" means one or more persons
56	56	in a public place who are demonstrating, picketing, speechmaking,
57	57	marching, holding a vigil, or engaging in any other similar conduct
58	58	that involves the communication or expression of views or
59	59	grievances and that has the effect, intent, or propensity to
60	60	attract a crowd or onlookers. The term does not include a casual use
61	61	of property by visitors or tourists that does not have the intent or
62	62	propensity to attract a crowd or onlookers.
63	63	(3) "Public place" [For purposes of Subsection (a),
64	64	the term "public place"] includes a public school campus or the
65	65	school grounds on which a public school is located.
66	66	(d) An offense under this section is a Class C misdemeanor
67	67	unless committed under Subsection (a)(7), (8), or (12), [or
68	68	(a)(8),] in which event the offense [it] is a Class B misdemeanor.
69	69	(h) It is a defense to prosecution under Subsection (a)(12)
70	70	that the person displayed the firearm in discharging the person's
71	71	official duties as:
72	72	(1) a peace officer;
73	73	(2) a member of the armed forces of this state or the
74	74	United States; or
75	75	(3) a security officer who holds a personal protection
76	76	authorization under Chapter 1702, Occupations Code, provided that
77	77	the officer is wearing the uniform of a security officer, including
78	78	any uniform or apparel described by Section 1702.323(d) of that
79	79	code.
80	80	SECTION 2. Section 42.04, Penal Code, is amended by
81	81	amending Subsections (a) and (c) to read as follows:
82	82	(a) If conduct that would otherwise violate Section
83	83	42.01(a)(5) (Unreasonable Noise), 42.01(a)(12) (Display of Firearm
84	84	at Public Demonstration), 42.03 (Obstructing Passageway), or
85	85	42.055 (Funeral Service Disruptions) consists of speech or other
86	86	communication, of gathering with others to hear or observe such
87	87	speech or communication, or of gathering with others to picket or
88	88	otherwise express in a nonviolent manner a position on social,
89	89	economic, political, or religious questions, the actor must be
90	90	ordered to move, disperse, or otherwise remedy the violation prior
91	91	to his arrest if he has not yet intentionally harmed the interests
92	92	of others which those sections seek to protect.
93	93	(c) It is a defense to prosecution under Section 42.01(a)(5)
94	94	or (12), 42.03, or 42.055:
95	95	(1) that in circumstances in which this section
96	96	requires an order no order was given;
97	97	(2) that an order, if given, was manifestly
98	98	unreasonable in scope; or
99	99	(3) that an order, if given, was promptly obeyed.
100	100	SECTION 3. The change in law made by this Act applies only
101	101	to an offense committed on or after the effective date of this Act.
102	102	An offense committed before the effective date of this Act is
103	103	governed by the law in effect when the offense was committed, and
104	104	the former law is continued in effect for that purpose. For
105	105	purposes of this section, an offense was committed before the
106	106	effective date of this Act if any element of the offense occurred
107	107	before that date.
108	108	SECTION 4. This Act takes effect September 1, 2021.