By Tillery                                      H.B. No. 1289

      75R5027 KEL-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of a paramilitary organization

 1-3     investigatory division within the Department of Public Safety.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 411, Government Code, is amended by

 1-6     adding Subchapter I to read as follows:

 1-7       SUBCHAPTER I.  PARAMILITARY ORGANIZATION INVESTIGATORY DIVISION

 1-8           Sec. 411.251.  DEFINITIONS.  In this subchapter:

 1-9                 (1)  "Attorney representing the state" means a district

1-10     attorney, criminal district attorney, or county attorney performing

1-11     the duties of a district attorney.

1-12                 (2)  "Domestic terrorism" means any unlawful act,

1-13     including any completed or preparatory offense, involving the use

1-14     of a deadly weapon or dangerous instrument, or the intentional or

1-15     knowing infliction of physical injury or criminal damage to

1-16     property committed for political or financial gain with the intent

1-17     to:

1-18                       (A)  intimidate or coerce the state or any of its

1-19     political subdivisions, agencies, instrumentalities, officers, or

1-20     agents; or

1-21                       (B)  cause the impairment or interruption of

1-22     public communications, public transportation, common carriers,

1-23     public utilities, or other public services.

1-24                 (3)  "Paramilitary organization" means an organization

 2-1     that is not an agency of the United States government or of this

 2-2     state and that engages in:

 2-3                       (A)  instruction or training in guerilla warfare

 2-4     or sabotage; or

 2-5                       (B)  rioting or the violent disruption of, or the

 2-6     violent interference with, public activities.

 2-7           Sec. 411.252.  PARAMILITARY ORGANIZATION INVESTIGATORY

 2-8     DIVISION.  (a)  The paramilitary organization investigatory

 2-9     division is a major division of the department.

2-10           (b)  The director shall employ commissioned peace officers to

2-11     perform duties required of the division.  To be eligible for

2-12     employment under this subsection, a peace officer must have not

2-13     less than four years of experience as a peace officer.

2-14           Sec. 411.253.  ASSISTANCE ON REQUEST.  On the request of an

2-15     attorney representing the state or the governor and with the

2-16     approval of the director, the paramilitary organization

2-17     investigatory division of the department may assist local law

2-18     enforcement agencies in the investigation of suspected criminal

2-19     activity alleged to have been committed by a paramilitary

2-20     organization or suspected criminal activity relating to domestic

2-21     terrorism.

2-22           SECTION 2.  This Act takes effect September 1, 1997.

2-23           SECTION 3.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended.