88(R) HB 1138 - House Committee Report version

Relating to the prosecution of the criminal offense of reckless discharge of a firearm in certain municipalities and counties.

	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.

88(R) HB 1138 - House Committee Report version - Bill Text