Bill Text: TX HB86 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to prohibiting the reckless discharge of a firearm; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-04-02 - Considered in Calendars [HB86 Detail]
Download: Texas-2019-HB86-Comm_Sub.html
| 86R17187 JCG-D | |||
| By: Martinez, Goodwin | H.B. No. 86 | ||
| Substitute the following for H.B. No. 86: | |||
| By: Collier | C.S.H.B. No. 86 | ||
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| relating to prohibiting the reckless discharge of a firearm; | ||
| creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 22, Penal Code, is amended by adding | ||
| Section 22.055 to read as follows: | ||
| Sec. 22.055. RECKLESS DISCHARGE OF FIREARM. (a) In this | ||
| section: | ||
| (1) "Blanks" means ammunition for a firearm that lacks | ||
| shot or a bullet. | ||
| (2) "Hunting" means to hunt as defined by Section | ||
| 1.101, Parks and Wildlife Code. | ||
| (b) A person commits an offense if the person knowingly | ||
| discharges a firearm and at the time of discharge: | ||
| (1) is reckless as to whether the firearm was aimed at | ||
| the person's intended target; or | ||
| (2) did not have an intended target. | ||
| (c) An offense under Subsection (b) is a Class A | ||
| misdemeanor, except that the offense is a felony of the second | ||
| degree if it is shown on the trial of the offense that serious | ||
| bodily injury or death was suffered by any person by reason of the | ||
| commission of the offense. | ||
| (d) It is a defense to prosecution under this section that | ||
| the person discharged the firearm: | ||
| (1) at a sport shooting range, as defined by Section | ||
| 250.001, Local Government Code; | ||
| (2) while hunting as licensed, permitted, or otherwise | ||
| authorized by the Parks and Wildlife Department; | ||
| (3) while the firearm was loaded with blanks; or | ||
| (4) while in the course of making a motion picture or | ||
| television or digital production for which the Texas Film | ||
| Commission or a political subdivision of this state has issued a | ||
| permit. | ||
| (e) If conduct that constitutes an offense under this | ||
| section also constitutes an offense under another section of this | ||
| code, the actor may be prosecuted under this section or the other | ||
| section of this code. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
