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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the reckless discharge of a firearm; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Penal Code, is amended by adding |
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Section 22.055 to read as follows: |
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Sec. 22.055. RECKLESS DISCHARGE OF FIREARM. (a) In this |
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section: |
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(1) "Blanks" means ammunition for a firearm that lacks |
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shot or a bullet. |
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(2) "Hunting" means to hunt, as defined by Section |
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1.101, Parks and Wildlife Code. |
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(b) A person commits an offense if the person knowingly |
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discharges a firearm and at the time of discharge: |
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(1) is reckless as to whether the firearm was aimed at |
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the person's intended target; or |
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(2) did not have an intended target. |
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(c) An offense under this section is a Class A misdemeanor, |
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except that the offense is a felony of the second degree if it is |
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shown on the trial of the offense that serious bodily injury or |
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death was suffered by any person by reason of the commission of the |
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offense. |
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(d) It is a defense to prosecution under this section that |
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the person discharged the firearm: |
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(1) at a sport shooting range, as defined by Section |
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250.001, Local Government Code; |
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(2) while hunting as licensed, permitted, or otherwise |
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authorized by the Parks and Wildlife Department; |
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(3) while the firearm was loaded with blanks; or |
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(4) while in the course of making a motion picture or |
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television or digital production for which the Texas Film |
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Commission or a political subdivision of this state has issued a |
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permit. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under another section of this |
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code, the actor may be prosecuted under this section or the other |
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section of this code. |
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SECTION 2. This Act takes effect September 1, 2021. |