| 1 | 1 | | 88R1868 JCG-D |
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| 2 | 2 | | By: Goodwin H.B. No. 179 |
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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 displaying a firearm at or near a public demonstration; |
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| 8 | 8 | | creating a criminal offense. |
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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. Section 42.01, Penal Code, is amended by |
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| 11 | 11 | | amending Subsections (a), (a-1), and (d) and adding Subsection (h) |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a) A person commits an offense if the person [he] |
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| 14 | 14 | | intentionally or knowingly: |
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| 15 | 15 | | (1) uses abusive, indecent, profane, or vulgar |
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| 16 | 16 | | language in a public place, and the language by its very utterance |
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| 17 | 17 | | tends to incite an immediate breach of the peace; |
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| 18 | 18 | | (2) makes an offensive gesture or display in a public |
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| 19 | 19 | | place, and the gesture or display tends to incite an immediate |
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| 20 | 20 | | breach of the peace; |
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| 21 | 21 | | (3) creates, by chemical means, a noxious and |
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| 22 | 22 | | unreasonable odor in a public place; |
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| 23 | 23 | | (4) abuses or threatens a person in a public place in |
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| 24 | 24 | | an obviously offensive manner; |
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| 25 | 25 | | (5) makes unreasonable noise in a public place other |
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| 26 | 26 | | than a sport shooting range, as defined by Section 250.001, Local |
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| 27 | 27 | | Government Code, or in or near a private residence that the person |
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| 28 | 28 | | [he] has no right to occupy; |
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| 29 | 29 | | (6) fights with another in a public place; |
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| 30 | 30 | | (7) discharges a firearm in a public place other than a |
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| 31 | 31 | | public road or a sport shooting range, as defined by Section |
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| 32 | 32 | | 250.001, Local Government Code; |
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| 33 | 33 | | (8) displays a firearm or other deadly weapon in a |
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| 34 | 34 | | public place in a manner calculated to alarm; |
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| 35 | 35 | | (9) discharges a firearm on or across a public road; |
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| 36 | 36 | | (10) exposes the person's [his] anus or genitals in a |
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| 37 | 37 | | public place and is reckless about whether another may be present |
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| 38 | 38 | | who will be offended or alarmed by the person's [his] act; [or] |
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| 39 | 39 | | (11) for a lewd or unlawful purpose: |
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| 40 | 40 | | (A) enters on the property of another and looks |
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| 41 | 41 | | into a dwelling on the property through any window or other opening |
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| 42 | 42 | | in the dwelling; |
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| 43 | 43 | | (B) while on the premises of a hotel or |
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| 44 | 44 | | comparable establishment, looks into a guest room not the person's |
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| 45 | 45 | | own through a window or other opening in the room; or |
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| 46 | 46 | | (C) while on the premises of a public place, |
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| 47 | 47 | | looks into an area such as a restroom or shower stall or changing or |
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| 48 | 48 | | dressing room that is designed to provide privacy to a person using |
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| 49 | 49 | | the area; or |
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| 50 | 50 | | (12) displays a firearm while attending or within 500 |
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| 51 | 51 | | feet of a public demonstration. |
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| 52 | 52 | | (a-1) In this section: |
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| 53 | 53 | | (1) "Firearm" has the meaning assigned by Section |
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| 54 | 54 | | 46.01. |
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| 55 | 55 | | (2) "Public demonstration" means one or more persons |
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| 56 | 56 | | in a public place who are demonstrating, picketing, speechmaking, |
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| 57 | 57 | | marching, holding a vigil, or engaging in any other similar conduct |
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| 58 | 58 | | that involves the communication or expression of views or |
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| 59 | 59 | | grievances and that has the effect, intent, or propensity to |
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| 60 | 60 | | attract a crowd or onlookers. The term does not include a casual use |
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| 61 | 61 | | of property by visitors or tourists that does not have the intent or |
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| 62 | 62 | | propensity to attract a crowd or onlookers. |
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| 63 | 63 | | (3) "Public place" [For purposes of Subsection (a), |
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| 64 | 64 | | the term "public place"] includes a public school campus or the |
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| 65 | 65 | | school grounds on which a public school is located. |
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| 66 | 66 | | (d) An offense under this section is a Class C misdemeanor |
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| 67 | 67 | | unless committed under Subsection (a)(7), (8), or (12), [or |
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| 68 | 68 | | (a)(8),] in which event the offense [it] is a Class B misdemeanor. |
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| 69 | 69 | | (h) It is a defense to prosecution under Subsection (a)(12) |
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| 70 | 70 | | that the actor displayed the firearm in discharging the actor's |
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| 71 | 71 | | official duties as: |
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| 72 | 72 | | (1) a peace officer; |
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| 73 | 73 | | (2) a member of the armed forces of this state or the |
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| 74 | 74 | | United States; or |
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| 75 | 75 | | (3) a security officer who holds a security officer |
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| 76 | 76 | | commission under Chapter 1702, Occupations Code, or a personal |
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| 77 | 77 | | protection officer who holds a personal protection officer license |
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| 78 | 78 | | under that chapter, provided that the officer is: |
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| 79 | 79 | | (A) wearing the uniform of a security officer, |
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| 80 | 80 | | including any uniform or apparel described by Section 1702.323(d) |
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| 81 | 81 | | of that code; and |
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| 82 | 82 | | (B) carrying the firearm in plain view. |
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| 83 | 83 | | SECTION 2. Section 42.04, Penal Code, is amended by |
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| 84 | 84 | | amending Subsections (a) and (c) to read as follows: |
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| 85 | 85 | | (a) If conduct that would otherwise violate Section |
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| 86 | 86 | | 42.01(a)(5) (Unreasonable Noise), 42.01(a)(12) (Display of Firearm |
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| 87 | 87 | | at Public Demonstration), 42.03 (Obstructing Passageway), or |
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| 88 | 88 | | 42.055 (Funeral Service Disruptions) consists of speech or other |
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| 89 | 89 | | communication, of gathering with others to hear or observe such |
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| 90 | 90 | | speech or communication, or of gathering with others to picket or |
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| 91 | 91 | | otherwise express in a nonviolent manner a position on social, |
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| 92 | 92 | | economic, political, or religious questions, the actor must be |
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| 93 | 93 | | ordered to move, disperse, or otherwise remedy the violation prior |
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| 94 | 94 | | to the actor's [his] arrest if the actor [he] has not yet |
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| 95 | 95 | | intentionally harmed the interests of others which those sections |
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| 96 | 96 | | seek to protect. |
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| 97 | 97 | | (c) It is a defense to prosecution under Section 42.01(a)(5) |
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| 98 | 98 | | or (12), 42.03, or 42.055: |
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| 99 | 99 | | (1) that in circumstances in which this section |
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| 100 | 100 | | requires an order no order was given; |
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| 101 | 101 | | (2) that an order, if given, was manifestly |
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| 102 | 102 | | unreasonable in scope; or |
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| 103 | 103 | | (3) that an order, if given, was promptly obeyed. |
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| 104 | 104 | | SECTION 3. The change in law made by this Act applies only |
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| 105 | 105 | | to an offense committed on or after the effective date of this Act. |
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| 106 | 106 | | An offense committed before the effective date of this Act is |
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| 107 | 107 | | governed by the law in effect when the offense was committed, and |
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| 108 | 108 | | the former law is continued in effect for that purpose. For |
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| 109 | 109 | | purposes of this section, an offense was committed before the |
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| 110 | 110 | | effective date of this Act if any element of the offense occurred |
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| 111 | 111 | | before that date. |
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| 112 | 112 | | SECTION 4. This Act takes effect September 1, 2023. |
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