Bill Text: TX HB1138 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the prosecution of the criminal offense of reckless discharge of a firearm in certain municipalities and counties.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-05-16 - Referred to State Affairs [HB1138 Detail]
Download: Texas-2023-HB1138-Engrossed.html
| 88R23966 JCG-D | ||
| By: Martinez, Neave Criado, Anchía | H.B. No. 1138 | |
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| 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. | ||
