88R23966 JCG-D
 
  By: Martinez, Neave Criado, Anchía 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.