By Hochberg                                     H.B. No. 2901

      75R20 DD-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to paramilitary training organizations; providing a

 1-3     criminal penalty.

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

 1-5           SECTION 1.  Chapter 42, Penal Code, is amended by adding

 1-6     Section 42.021 to read as follows:

 1-7           Sec. 42.021.  PARAMILITARY TRAINING TO INCITE CIVIL DISORDER.

 1-8     (a)  In this section:

 1-9                 (1)  "Civil disorder" means a public disturbance

1-10     involving an act of violence by a group of three or more persons

1-11     that:

1-12                       (A)  causes an immediate danger of injury to a

1-13     person;

1-14                       (B)  results in injury to a person; or

1-15                       (C)  results in damage or injury to the property

1-16     of another.

1-17                 (2)  "Firearm" and "explosive weapon" have the meanings

1-18     assigned by Section 46.01.

1-19                 (3)  "Law enforcement officer" means:

1-20                       (A)  an officer of a law enforcement agency of

1-21     the United States;

1-22                       (B)  an officer of a law enforcement agency of

1-23     the state;

1-24                       (C)  a member of the armed services or reserve

 2-1     forces of the United States;

 2-2                       (D)  a member of the Texas National Guard; or

 2-3                       (E)  any other officer who is authorized by a

 2-4     state or federal agency to possess a firearm and teach the use of

 2-5     the firearm to others.

 2-6                 (4)  "Paramilitary organization" means a group of three

 2-7     or more persons organized on a military pattern who:

 2-8                       (A)  possess firearms or explosive weapons; and

 2-9                       (B)  train in the use of or teach the use of the

2-10     firearms or explosive weapons to others for the purpose of

2-11     committing an offense.

2-12           (b)  A person commits an offense if the person:

2-13                 (1)  teaches or demonstrates to another the use,

2-14     application, or making of a firearm, explosive weapon, or technique

2-15     capable of causing injury or death if the person knows, has reason

2-16     to know, or intends that the firearm, explosive weapon, or

2-17     technique be used to cause civil disorder; or

2-18                 (2)  meets with two or more persons as a paramilitary

2-19     organization to train with, practice, or be instructed in the use

2-20     of a firearm, explosive weapon, or technique capable of causing

2-21     injury or death and intends to use the firearm, explosive weapon,

2-22     or technique to cause civil disorder.

2-23           (c)  It is an exception to the application of this section

2-24     that the actor is a law enforcement officer who is performing an

2-25     official duty at the time of the offense.

2-26           (d)  An offense under this section is a state jail felony.

2-27           SECTION 2.  This Act takes effect September 1, 1997.

 3-1           SECTION 3.  The importance of this legislation and the

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended.