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.