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.