88R23966 JCG-D
By: Martinez H.B. No. 1138
Substitute the following for H.B. No. 1138:
By: Canales C.S.H.B. No. 1138
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the criminal offense of reckless
discharge of a firearm in certain municipalities and counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 42.12, Penal Code, is
amended to read as follows:
Sec. 42.12. RECKLESS DISCHARGE OF FIREARM IN CERTAIN
MUNICIPALITIES AND COUNTIES.
SECTION 2. Sections 42.12(a) and (d), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person recklessly
discharges a firearm:
(1) inside the corporate limits of a municipality
having a population of 100,000 or more; or
(2) in a county with a population of 500,000 or more.
(d) Subsection (a) does not affect the authority of a county
or municipality under other law to enact an order or ordinance which
prohibits the discharge of a firearm.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2023.