| 1 | 1 | | 88R23966 JCG-D |
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| 2 | 2 | | By: Martinez, Neave Criado, AnchÃa H.B. No. 1138 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the criminal offense of reckless |
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| 8 | 8 | | discharge of a firearm in certain municipalities and counties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 42.12, Penal Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 42.12. RECKLESS DISCHARGE OF FIREARM IN CERTAIN |
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| 13 | 13 | | MUNICIPALITIES AND COUNTIES. |
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| 14 | 14 | | SECTION 2. Sections 42.12(a) and (d), Penal Code, are |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | (a) A person commits an offense if the person recklessly |
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| 17 | 17 | | discharges a firearm: |
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| 18 | 18 | | (1) inside the corporate limits of a municipality |
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| 19 | 19 | | having a population of 100,000 or more; or |
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| 20 | 20 | | (2) in a county with a population of 500,000 or more. |
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| 21 | 21 | | (d) Subsection (a) does not affect the authority of a county |
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| 22 | 22 | | or municipality under other law to enact an order or ordinance which |
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| 23 | 23 | | prohibits the discharge of a firearm. |
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| 24 | 24 | | SECTION 3. The change in law made by this Act applies only |
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| 25 | 25 | | to an offense committed on or after the effective date of this Act. |
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| 26 | 26 | | An offense committed before the effective date of this Act is |
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| 27 | 27 | | governed by the law in effect on the date the offense was committed, |
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| 28 | 28 | | and the former law is continued in effect for that purpose. For |
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| 29 | 29 | | purposes of this section, an offense was committed before the |
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| 30 | 30 | | effective date of this Act if any element of the offense occurred |
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| 31 | 31 | | before that date. |
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| 32 | 32 | | SECTION 4. This Act takes effect September 1, 2023. |
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