Texas HB 179: Relating to displaying a firearm at or near a public demonstration; creating a criminal offense.

Bill Text

By:AAGoodwin H.B.ANo.A179
A BILL TO BE ENTITLED
AN ACT
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:
SECTIONA1.AASection 42.01, Penal Code, is amended by
amending Subsections (a), (a-1), and (d) and adding Subsection (h)
to read as follows:
(a)AAA person commits an offense if the person [he]
intentionally or knowingly:
(1)AAuses 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)AAmakes an offensive gesture or display in a public
place, and the gesture or display tends to incite an immediate
breach of the peace;
(3)AAcreates, by chemical means, a noxious and
unreasonable odor in a public place;
(4)AAabuses or threatens a person in a public place in
an obviously offensive manner;
(5)AAmakes 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
[he] has no right to occupy;
(6)AAfights with another in a public place;
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88R1868 JCG-D 1

(7)AAdischarges 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)AAdisplays a firearm or other deadly weapon in a
public place in a manner calculated to alarm;
(9)AAdischarges a firearm on or across a public road;
(10)AAexposes the person’s [his] anus or genitals in a
public place and is reckless about whether another may be present
who will be offended or alarmed by the person’s [his] act; [or]
(11)AAfor a lewd or unlawful purpose:
(A)AAenters on the property of another and looks
into a dwelling on the property through any window or other opening
in the dwelling;
(B)AAwhile 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)AAwhile 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)AAdisplays a firearm while attending or within 500
feet of a public demonstration.
(a-1)AAIn this section:
(1)AA"Firearm" has the meaning assigned by Section
46.01.
(2)AA"Public demonstration" means one or more persons
in a public place who are demonstrating, picketing, speechmaking,
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H.B.ANo.A179
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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)AA"Public place" [For purposes of Subsection (a),
the term "public place"] includes a public school campus or the
school grounds on which a public school is located.
(d)AAAn offense under this section is a Class C misdemeanor
unless committed under Subsection (a)(7), (8), or (12), [or
(a)(8),] in which event the offense [it] is a Class B misdemeanor.
(h)AAIt is a defense to prosecution under Subsection (a)(12)
that the actor displayed the firearm in discharging the actor’s
official duties as:
(1)AAa peace officer;
(2)AAa member of the armed forces of this state or the
United States; or
(3)AAa 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)AAwearing the uniform of a security officer,
including any uniform or apparel described by Section 1702.323(d)
of that code; and
(B)AAcarrying the firearm in plain view.
SECTIONA2.AASection 42.04, Penal Code, is amended by
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H.B.ANo.A179
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amending Subsections (a) and (c) to read as follows:
(a)AAIf 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 [his] arrest if the actor [he] has not yet
intentionally harmed the interests of others which those sections
seek to protect.
(c)AAIt is a defense to prosecution under Section 42.01(a)(5)
or (12), 42.03, or 42.055: