HBA-AMW H.B. 1456 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1456
By: Hochberg
Criminal Jurisprudence
3/16/2001
Introduced



BACKGROUND AND PURPOSE 

The existence of militia groups, unrelated to federal and state military
corps, may create the need to counteract the possible threat these groups
pose.  Approximately 41 states have passed laws pertaining to militia
activity or paramilitary exercises.  Currently, Texas law prohibits a body
of persons other than the regularly organized state military forces or
United States troops from associating as a military company or organization
or parading in public with firearms in a municipality.  Current law,
however, does not prohibit the training and instruction of organized groups
for the specific purpose of inciting civil disorder or committing an
offense against the state.  House Bill 1456 prohibits training and
instruction for the specific purpose of inciting civil disorder or
committing an offense against a state officer or state property. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1456 amends the Penal and Government codes to provide criminal
penalties relating to paramilitary training to incite disorder or to commit
an offense against the state.  The bill amends the Penal Code to provide
that it is a state jail felony if a person teaches or demonstrates to
another the use, application, or making of a firearm, explosive weapon, or
technique capable of causing injury or death and the person knows, has
reason to know, or intends that the firearm, explosive weapon, or technique
be used to cause civil disorder or commit an offense against a state
officer or state property.   

The bill also provides that a person commits a state jail felony if the
person meets with two or more persons as a paramilitary organization to
train or practice with or be instructed in the use of a firearm or
explosive weapon or to train in, practice, or be instructed in the use of a
technique capable of causing injury or death and intends to use the
firearm, explosive weapon, or technique to cause civil disorder or commit
an offense against a state officer or state property.  The bill specifies
that it is an exception that the actor is a law enforcement officer who is
performing an official duty at the time of the offense. 

H.B. 1456 amends the Government Code to provide that it is a Class C
misdemeanor if a person is a part of a body that violates the prohibitions
against associating as a military company or organization or parading in
public with firearms in a municipality of the state. 

EFFECTIVE DATE

September 1, 2001.