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.