84R3330 LEH-D
	By: White of Tyler	H.B. No. 2445

	A BILL TO BE ENTITLED
	AN ACT
	relating to conduct that constitutes the offense of displaying a
	firearm in a public place.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 42.01(a), (d), and (e), Penal Code, are
	amended to read as follows:
	(a)  A person commits an offense if he 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 he has no
	right to occupy;
	(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;
	(9) [(10)]  exposes his anus or genitals in a public
	place and is reckless about whether another may be present who will
	be offended or alarmed by his act; or
	(10) [(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.
	(d)  An offense under this section is a Class C misdemeanor
	unless committed under Subsection (a)(7) [or (a)(8)], in which
	event it is a Class B misdemeanor.
	(e)  It is a defense to prosecution for an offense under
	Subsection (a)(7) or (8) [(9)] that the person who discharged the
	firearm had a reasonable fear of bodily injury to the person or to
	another by a dangerous wild animal as defined by Section 822.101,
	Health and Safety Code.
	SECTION 2.  Section 250.006(b), Health and Safety Code, is
	amended to read as follows:
	(b)  A person may not be employed in a position the duties of
	which involve direct contact with a consumer in a facility or may
	not be employed by an individual employer before the fifth
	anniversary of the date the person is convicted of:
	(1)  an offense under Section 22.01, Penal Code
	(assault), that is punishable as a Class A misdemeanor or as a
	felony;
	(2)  an offense under Section 30.02, Penal Code
	(burglary);
	(3)  an offense under Chapter 31, Penal Code (theft),
	that is punishable as a felony;
	(4)  an offense under Section 32.45, Penal Code
	(misapplication of fiduciary property or property of a financial
	institution), that is punishable as a Class A misdemeanor or a
	felony;
	(5)  an offense under Section 32.46, Penal Code
	(securing execution of a document by deception), that is punishable
	as a Class A misdemeanor or a felony;
	(6)  an offense under Section 37.12, Penal Code (false
	identification as peace officer); or
	(7)  an offense under Section 42.01(a)(7)[,] or (8),
	[or (9),] Penal Code (disorderly conduct).
	SECTION 3.  (a)  The change in law made by this Act to
	Section 42.01, Penal Code, 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.
	(b)  The change in law made by this Act to Section 250.006,
	Health and Safety Code, applies to the employability of a nurse aide
	based on criminal history record information for that person
	relating to a conviction or placement on deferred adjudication
	community supervision for an offense under Section 42.01, Penal
	Code, committed on or after the effective date of this Act. The
	employability of a nurse aide based on criminal history record
	information for that person relating to a conviction or placement
	on deferred adjudication community supervision for an offense under
	Section 42.01, Penal Code, that was 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, 2015.