By Ellis                                              S.B. No. 1723
         76R698 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to paramilitary organizations; providing criminal
 1-3     penalties.
 1-5           SECTION 1.  Section 431.010, Government Code, is amended by
 1-6     adding Subsection (d) to read as follows:
 1-7           (d)  A person commits an offense if the person is a part of a
 1-8     body that violates Subsection (a).  An offense under this
 1-9     subsection is a Class C misdemeanor.
1-10           SECTION 2.  Chapter 42, Penal Code, is amended by adding
1-11     Section 42.13 to read as follows:
1-12           Sec. 42.13.  PARAMILITARY ORGANIZATION.  (a)  In this
1-13     section:
1-14                 (1)  "Military weapon" means an explosive weapon or
1-15     firearm as those terms are defined by Section 46.01.
1-16                 (2)  "Paramilitary organization" means a group of two
1-17     or more persons who engage in or conspire to engage in military
1-18     instruction or training for the purpose of causing physical injury
1-19     or property damage through warfare or sabotage.
1-20           (b)  A person commits an offense if the person:
1-21                 (1)  meets with or conspires to meet with one or more
1-22     persons as a paramilitary organization;
1-23                 (2)  has knowledge of the purpose of the paramilitary
1-24     organization; and
 2-1                 (3)  with one or more members of the paramilitary
 2-2     organization, practices the use of a military weapon to further the
 2-3     purpose of the organization.
 2-4           (c)  An offense under this section is a state jail felony.
 2-5           SECTION 3.  Part Three, Texas Business Corporation Act, is
 2-6     amended by adding Article 3.07 to read as follows:
 2-8     PROHIBITED.  A.  The secretary of state may not issue any
 2-9     certificate under this Act for a corporation that has a name that
2-10     indicates or implies that the corporation is associated with the
2-11     state militia or the United States armed forces.
2-12           SECTION 4.  The change in law made by Section 3 of this Act
2-13     applies only to a certificate issued on or after the effective date
2-14     of this Act.
2-15           SECTION 5.  This Act takes effect September 1, 1999.
2-16           SECTION 6.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.