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.