By Hochberg                                           H.B. No. 1456
         77R6179 GWK-D                           
                                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)  "Firearm" and "explosive weapon" have the meanings
1-18     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 firearms or explosive weapons; and
 2-9                       (B)  train in the use of or teach the use of the
2-10     firearms or explosive weapons to others for the purpose of
2-11     committing an offense.
2-12                 (5)  "State officer" means an elected or appointed
2-13     officer in the legislative, executive, or judicial branch of state
2-14     government.
2-15                 (6)  "State property" means land or buildings owned,
2-16     leased, or otherwise controlled by the state.
2-17           (b)  A person commits an offense if the person:
2-18                 (1)  teaches or demonstrates to another the use,
2-19     application, or making of a firearm, explosive weapon, or technique
2-20     capable of causing injury or death and the person knows, has reason
2-21     to know, or intends that the firearm, explosive weapon, or
2-22     technique be used to:
2-23                       (A)  cause civil disorder; or
2-24                       (B)  commit an offense against a state officer or
2-25     state property; or
2-26                 (2)  meets with two or more persons as a paramilitary
2-27     organization to train or practice with or be instructed in the use
 3-1     of a firearm or explosive weapon or to train in, practice, or be
 3-2     instructed in the use of a technique capable of causing injury or
 3-3     death and intends to use the firearm, explosive weapon, or
 3-4     technique to:
 3-5                       (A)  cause civil disorder; or
 3-6                       (B)  commit an offense against a state officer or
 3-7     state property.
 3-8           (c)  It is an exception to the application of this section
 3-9     that the actor is a law enforcement officer who is performing an
3-10     official duty at the time of the offense.
3-11           (d)  An offense under this section is a state jail felony.
3-12           SECTION 2.  Section 431.010, Government Code, is amended by
3-13     adding Subsection (d) to read as follows:
3-14           (d)  A person commits an offense if the person is a part of a
3-15     body that violates Subsection (a).  An offense under this
3-16     subsection is a Class C misdemeanor.
3-17           SECTION 3.  This Act takes effect September 1, 2001.