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. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 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: 2-7 Art. 3.07. CORPORATE NAME; PARAMILITARY ASSOCIATION 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.