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.