77R11729 GWK-D
By Hochberg H.B. No. 1456
Substitute the following for H.B. No. 1456:
By Hinojosa C.S.H.B. No. 1456
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to paramilitary training organizations; providing criminal
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 42, Penal Code, is amended by adding
1-6 Section 42.021 to read as follows:
1-7 Sec. 42.021. PARAMILITARY TRAINING TO INCITE CIVIL DISORDER.
1-8 (a) In this section:
1-9 (1) "Civil disorder" means a public disturbance
1-10 involving an act of violence by a group of three or more persons
1-11 that:
1-12 (A) causes an immediate danger of injury to a
1-13 person;
1-14 (B) results in injury to a person; or
1-15 (C) results in damage or injury to the property
1-16 of another.
1-17 (2) "Chemical dispensing device," "explosive weapon,"
1-18 and "firearm" have the meanings assigned by Section 46.01.
1-19 (3) "Law enforcement officer" means:
1-20 (A) an officer of a law enforcement agency of
1-21 the United States;
1-22 (B) an officer of a law enforcement agency of
1-23 the state;
1-24 (C) a member of the armed services or reserve
2-1 forces of the United States;
2-2 (D) a member of the Texas National Guard; or
2-3 (E) any other officer who is authorized by a
2-4 state or federal agency to possess a firearm and teach the use of
2-5 the firearm to others.
2-6 (4) "Paramilitary organization" means a group of three
2-7 or more persons organized on a military pattern who:
2-8 (A) possess chemical dispensing devices,
2-9 explosive weapons, or firearms; and
2-10 (B) train in the use of or teach the use of the
2-11 chemical dispensing devices, explosive weapons, or firearms to
2-12 others for the purpose of committing an offense.
2-13 (b) A person commits an offense if the person:
2-14 (1) teaches or demonstrates to another the use,
2-15 application, or making of a chemical dispensing device, explosive
2-16 weapon, or firearm and the person knows, has reason to know, or
2-17 intends that the chemical dispensing device, explosive weapon, or
2-18 firearm be used to cause civil disorder; or
2-19 (2) meets with two or more persons as a paramilitary
2-20 organization to train or practice with or be instructed in the use
2-21 of a chemical dispensing device, explosive weapon, or firearm and
2-22 intends to use the chemical dispensing device, explosive weapon, or
2-23 firearm to cause civil disorder.
2-24 (c) It is a defense to prosecution under this section that
2-25 the actor is a law enforcement officer who is performing an
2-26 official duty at the time of the offense.
2-27 (d) An offense under this section is a state jail felony.
3-1 SECTION 2. Section 431.010, Government Code, is amended by
3-2 adding Subsection (d) to read as follows:
3-3 (d) A person commits an offense if the person is a part of a
3-4 body that violates Subsection (a). An offense under this
3-5 subsection is a Class C misdemeanor.
3-6 SECTION 3. This Act takes effect September 1, 2001.