Bill Text: TX HB179 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to displaying a firearm at or near a public demonstration; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Community Safety, Select [HB179 Detail]
Download: Texas-2023-HB179-Introduced.html
88R1868 JCG-D | ||
By: Goodwin | H.B. No. 179 |
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relating to displaying a firearm at or near a public demonstration; | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.01, Penal Code, is amended by | ||
amending Subsections (a), (a-1), and (d) and adding Subsection (h) | ||
to read as follows: | ||
(a) A person commits an offense if the person [ |
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intentionally or knowingly: | ||
(1) uses abusive, indecent, profane, or vulgar | ||
language in a public place, and the language by its very utterance | ||
tends to incite an immediate breach of the peace; | ||
(2) makes an offensive gesture or display in a public | ||
place, and the gesture or display tends to incite an immediate | ||
breach of the peace; | ||
(3) creates, by chemical means, a noxious and | ||
unreasonable odor in a public place; | ||
(4) abuses or threatens a person in a public place in | ||
an obviously offensive manner; | ||
(5) makes unreasonable noise in a public place other | ||
than a sport shooting range, as defined by Section 250.001, Local | ||
Government Code, or in or near a private residence that the person | ||
[ |
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(6) fights with another in a public place; | ||
(7) discharges a firearm in a public place other than a | ||
public road or a sport shooting range, as defined by Section | ||
250.001, Local Government Code; | ||
(8) displays a firearm or other deadly weapon in a | ||
public place in a manner calculated to alarm; | ||
(9) discharges a firearm on or across a public road; | ||
(10) exposes the person's [ |
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public place and is reckless about whether another may be present | ||
who will be offended or alarmed by the person's [ |
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(11) for a lewd or unlawful purpose: | ||
(A) enters on the property of another and looks | ||
into a dwelling on the property through any window or other opening | ||
in the dwelling; | ||
(B) while on the premises of a hotel or | ||
comparable establishment, looks into a guest room not the person's | ||
own through a window or other opening in the room; or | ||
(C) while on the premises of a public place, | ||
looks into an area such as a restroom or shower stall or changing or | ||
dressing room that is designed to provide privacy to a person using | ||
the area; or | ||
(12) displays a firearm while attending or within 500 | ||
feet of a public demonstration. | ||
(a-1) In this section: | ||
(1) "Firearm" has the meaning assigned by Section | ||
46.01. | ||
(2) "Public demonstration" means one or more persons | ||
in a public place who are demonstrating, picketing, speechmaking, | ||
marching, holding a vigil, or engaging in any other similar conduct | ||
that involves the communication or expression of views or | ||
grievances and that has the effect, intent, or propensity to | ||
attract a crowd or onlookers. The term does not include a casual use | ||
of property by visitors or tourists that does not have the intent or | ||
propensity to attract a crowd or onlookers. | ||
(3) "Public place" [ |
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school grounds on which a public school is located. | ||
(d) An offense under this section is a Class C misdemeanor | ||
unless committed under Subsection (a)(7), (8), or (12), [ |
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(h) It is a defense to prosecution under Subsection (a)(12) | ||
that the actor displayed the firearm in discharging the actor's | ||
official duties as: | ||
(1) a peace officer; | ||
(2) a member of the armed forces of this state or the | ||
United States; or | ||
(3) a security officer who holds a security officer | ||
commission under Chapter 1702, Occupations Code, or a personal | ||
protection officer who holds a personal protection officer license | ||
under that chapter, provided that the officer is: | ||
(A) wearing the uniform of a security officer, | ||
including any uniform or apparel described by Section 1702.323(d) | ||
of that code; and | ||
(B) carrying the firearm in plain view. | ||
SECTION 2. Section 42.04, Penal Code, is amended by | ||
amending Subsections (a) and (c) to read as follows: | ||
(a) If conduct that would otherwise violate Section | ||
42.01(a)(5) (Unreasonable Noise), 42.01(a)(12) (Display of Firearm | ||
at Public Demonstration), 42.03 (Obstructing Passageway), or | ||
42.055 (Funeral Service Disruptions) consists of speech or other | ||
communication, of gathering with others to hear or observe such | ||
speech or communication, or of gathering with others to picket or | ||
otherwise express in a nonviolent manner a position on social, | ||
economic, political, or religious questions, the actor must be | ||
ordered to move, disperse, or otherwise remedy the violation prior | ||
to the actor's [ |
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intentionally harmed the interests of others which those sections | ||
seek to protect. | ||
(c) It is a defense to prosecution under Section 42.01(a)(5) | ||
or (12), 42.03, or 42.055: | ||
(1) that in circumstances in which this section | ||
requires an order no order was given; | ||
(2) that an order, if given, was manifestly | ||
unreasonable in scope; or | ||
(3) that an order, if given, was promptly obeyed. | ||
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 when 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. |