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.