Tex. Codes » Penal Code · TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY · CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Texas Codes

Tex. Penal Code § 42.12 (2026)

Discharge Of Firearm In Certain Municipalities

✓ current as of May 2026
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Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES. (a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.

(b) An offense under this section is a Class A misdemeanor.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section.

(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance which prohibits the discharge of a firearm.

Added by Acts 1995, 74th Leg., ch. 663, Sec. 1, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 23 cases (3 in the last 5 years), 1989–2026 · leading case: State v. Rodriguez, 339 S.W.3d 680 (Tex. Crim. App. 2011).
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State v. Rodriguez, 339 S.W.3d 680 (Tex. Crim. App. 2011). · cites it 4× “NOTES [1] TEX. PENAL CODE § 42.12(a) ("A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.”
Ex Parte White, 211 S.W.3d 316 (Tex. Crim. App. 2007). “The trial court concluded that, although applicant’s probated sentence in Delaware had never been revoked, it was available for enhancement pursuant to Tex. Penal Code § 42.12(c)(d)(B), that there was no violation of the ex post facto clause, and that trial counsel were not…”
Torrez v. State, 34 S.W.3d 10 (Tex. App. 2000). · cites it 2× “"); see also Tex.Pen.Code Ann. § 42.12(a)(b) (Vernon 1994) (stating "[a] person commits [a Class A misdemeanor] if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more").”
Garza v. State, 50 S.W.3d 559 (Tex. App. 2001). “Tex. Penal Code Ann. § 42.12 (a) (Vernon Supp.”
Ex parte Clay, 539 S.W.3d 285 (Tex. Crim. App. 2018). “TEX. PENAL CODE § 42.12(d). He received a forty year sentence.”
United States v. Yanez, 490 F. Supp. 2d 765 (S.D. Tex. 2007). “See Tex. Penal Code Ann. § 42.12 (Vernon 2003) (prohibiting the reckless discharge of a firearm “inside the corporate limits of a municipality having a population of 100,000 or more”).”
Responsible Dog Owners v. City of Richardson, 781 S.W.2d 667 (Tex. App. 1989). · cites it 4× “POINT OF ERROR NUMBER ONE Responsible Dog Owners argue, in point of error number one, that the ordinance in question has been preempted by the enactment of Texas Penal Code section 1.08, and the subsequent adoption of House Bill 571 of the 70th Legislative Session, now codified…”
Ex Parte: Scott Kent Chamberlain (Tex. App. 2021). · cites it 2× “See TEX. PENAL CODE ANN. § 42.12 (a). In two issues, appellant contends section 42.”
United States v. Varela-Castillo, 162 F. App'x 299 (5th Cir. 2006). · cites it 2× “Tex. Penal Code Ann. §§ 42.12 , 42.01(a)(7), (d).”
Jenkins, Taurus (Tex. 2016). “……10 Texas Penal Code Section 42.12…………………………………………….”
Ex Parte Jaime Alexander Blanco (Tex. App. 2017). “See TEX. PENAL CODE ANN. §§ 42.12 § 5(a) (West 2016).”
Musa-Valle, José (Tex. Crim. App. 2019). “TEX. PENAL CODE § 42.12. He filed a pretrial motion to set aside the information, arguing that the State could not prosecute him under this provision in the Penal Code because a local ordinance barring essentially the same conduct made this a Class C misdemeanor, and he was thus…”
Show all 23 citing cases →
— Tex. Penal Code § 42.12(a) — 3 cases
State v. Rodriguez, 339 S.W.3d 680 (Tex. Crim. App. 2011). “NOTES [1] TEX. PENAL CODE § 42.12(a) ("A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.”
State v. Rodriguez, Roman (Tex. Crim. App. 2011).
State v. Rodriguez, Roman (Tex. Crim. App. 2011).
— Tex. Penal Code § 42.12(a)(b) — 1 case
Torrez v. State, 34 S.W.3d 10 (Tex. App. 2000). “"); see also Tex.Pen.Code Ann. § 42.12(a)(b) (Vernon 1994) (stating "[a] person commits [a Class A misdemeanor] if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more").”
— Tex. Penal Code § 42.12(c)(d)(B) — 2 cases
Ex Parte White, 211 S.W.3d 316 (Tex. Crim. App. 2007). “The trial court concluded that, although applicant’s probated sentence in Delaware had never been revoked, it was available for enhancement pursuant to Tex. Penal Code § 42.12(c)(d)(B), that there was no violation of the ex post facto clause, and that trial counsel were not…”
White, Ex Parte James Timothy (Tex. Crim. App. 2007).
— Tex. Penal Code § 42.12(d) — 1 case
Ex parte Clay, 539 S.W.3d 285 (Tex. Crim. App. 2018). “TEX. PENAL CODE § 42.12(d). He received a forty year sentence.”
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