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A BILL TO BE ENTITLED
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AN ACT
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relating to conduct that constitutes the offense of displaying a |
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firearm in a public place. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 42.01(a), (d), and (e), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if he intentionally or |
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knowingly: |
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(1) uses abusive, indecent, profane, or vulgar |
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language in a public place, and the language by its very utterance |
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tends to incite an immediate breach of the peace; |
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(2) makes an offensive gesture or display in a public |
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place, and the gesture or display tends to incite an immediate |
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breach of the peace; |
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(3) creates, by chemical means, a noxious and |
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unreasonable odor in a public place; |
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(4) abuses or threatens a person in a public place in |
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an obviously offensive manner; |
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(5) makes unreasonable noise in a public place other |
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than a sport shooting range, as defined by Section 250.001, Local |
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Government Code, or in or near a private residence that he has no |
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right to occupy; |
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(6) fights with another in a public place; |
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(7) discharges a firearm in a public place other than a |
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public road or a sport shooting range, as defined by Section |
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250.001, Local Government Code; |
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(8) [displays a firearm or other deadly weapon in a
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public place in a manner calculated to alarm;
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[(9)] discharges a firearm on or across a public road; |
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(9) [(10)] exposes his anus or genitals in a public |
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place and is reckless about whether another may be present who will |
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be offended or alarmed by his act; or |
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(10) [(11)] for a lewd or unlawful purpose: |
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(A) enters on the property of another and looks |
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into a dwelling on the property through any window or other opening |
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in the dwelling; |
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(B) while on the premises of a hotel or |
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comparable establishment, looks into a guest room not the person's |
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own through a window or other opening in the room; or |
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(C) while on the premises of a public place, |
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looks into an area such as a restroom or shower stall or changing or |
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dressing room that is designed to provide privacy to a person using |
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the area. |
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(d) An offense under this section is a Class C misdemeanor |
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unless committed under Subsection (a)(7) [or (a)(8)], in which |
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event it is a Class B misdemeanor. |
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(e) It is a defense to prosecution for an offense under |
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Subsection (a)(7) or (8) [(9)] that the person who discharged the |
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firearm had a reasonable fear of bodily injury to the person or to |
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another by a dangerous wild animal as defined by Section 822.101, |
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Health and Safety Code. |
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SECTION 2. Section 250.006(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A person may not be employed in a position the duties of |
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which involve direct contact with a consumer in a facility or may |
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not be employed by an individual employer before the fifth |
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anniversary of the date the person is convicted of: |
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(1) an offense under Section 22.01, Penal Code |
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(assault), that is punishable as a Class A misdemeanor or as a |
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felony; |
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(2) an offense under Section 30.02, Penal Code |
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(burglary); |
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(3) an offense under Chapter 31, Penal Code (theft), |
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that is punishable as a felony; |
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(4) an offense under Section 32.45, Penal Code |
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(misapplication of fiduciary property or property of a financial |
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institution), that is punishable as a Class A misdemeanor or a |
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felony; |
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(5) an offense under Section 32.46, Penal Code |
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(securing execution of a document by deception), that is punishable |
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as a Class A misdemeanor or a felony; |
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(6) an offense under Section 37.12, Penal Code (false |
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identification as peace officer); or |
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(7) an offense under Section 42.01(a)(7)[,] or (8), |
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[or (9),] Penal Code (disorderly conduct). |
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SECTION 3. (a) The change in law made by this Act to |
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Section 42.01, Penal Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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(b) The change in law made by this Act to Section 250.006, |
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Health and Safety Code, applies to the employability of a nurse aide |
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based on criminal history record information for that person |
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relating to a conviction or placement on deferred adjudication |
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community supervision for an offense under Section 42.01, Penal |
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Code, committed on or after the effective date of this Act. The |
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employability of a nurse aide based on criminal history record |
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information for that person relating to a conviction or placement |
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on deferred adjudication community supervision for an offense under |
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Section 42.01, Penal Code, that was committed before the effective |
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date of this Act is governed by the law in effect on the date the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |