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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of entry of a person into a public |
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restroom designated for the opposite sex as disorderly conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.01, Penal Code, is amended by |
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amending Subsection (a) and adding Subsections (h) and (i) to read |
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as follows: |
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(a) A person commits an offense if the person [he] |
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intentionally or knowingly: |
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(1) uses abusive, indecent, profane, or vulgar |
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language in a public place, and the language by its very utterance |
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tends to incite an immediate breach of the peace; |
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(2) makes an offensive gesture or display in a public |
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place, and the gesture or display tends to incite an immediate |
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breach of the peace; |
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(3) creates, by chemical means, a noxious and |
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unreasonable odor in a public place; |
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(4) abuses or threatens a person in a public place in |
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an obviously offensive manner; |
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(5) makes unreasonable noise in a public place other |
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than a sport shooting range, as defined by Section 250.001, Local |
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Government Code, or in or near a private residence that the person |
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[he] has no right to occupy; |
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(6) fights with another in a public place; |
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(7) discharges a firearm in a public place other than a |
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public road or a sport shooting range, as defined by Section |
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250.001, Local Government Code; |
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(8) displays a firearm or other deadly weapon in a |
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public place in a manner calculated to alarm; |
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(9) discharges a firearm on or across a public road; |
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(10) exposes the person's [his] anus or genitals in a |
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public place and is reckless about whether another may be present |
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who will be offended or alarmed by the [his] act; [or] |
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(11) for a lewd or unlawful purpose: |
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(A) enters on the property of another and looks |
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into a dwelling on the property through any window or other opening |
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in the dwelling; |
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(B) while on the premises of a hotel or |
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comparable establishment, looks into a guest room not the person's |
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own through a window or other opening in the room; or |
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(C) while on the premises of a public place, |
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looks into an area such as a restroom or shower stall or changing or |
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dressing room that is designed to provide privacy to a person using |
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the area; or |
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(12) enters a public restroom that is designated by a |
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sign for members of the opposite sex of the actor. |
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(h) For the purpose of Subsection (a)(12), a person's sex is |
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the sex listed on the person's driver's license or personal |
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identification card issued by this state or another state. |
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(i) It is a defense to prosecution under Subsection (a)(12) |
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that: |
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(1) the person is: |
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(A) an adult accompanying a child of the opposite |
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sex younger than eight years of age; or |
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(B) a child younger than eight years of age |
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accompanied by an adult of the opposite sex; or |
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(2) the restroom used is a single-user restroom with a |
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door lock. |
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SECTION 2. This Act takes effect September 1, 2015. |