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78R4281 EMT-F

By:  Hochberg                                                     H.B. No. 743



A BILL TO BE ENTITLED

AN ACT

relating to paramilitary training organizations; providing 
criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Chapter 42, Penal Code, is amended by adding 
Section 42.021 to read as follows:
	Sec. 42.021.  PARAMILITARY TRAINING TO INCITE CIVIL 
DISORDER. (a)  In this section:
		(1)  "Civil disorder" means a public disturbance 
involving an act of violence by a group of three or more persons 
that:
			(A)  causes an immediate danger of injury to a 
person;              
			(B)  results in injury to a person; or                                
			(C)  results in damage or injury to the property 
of another.        
		(2)  "Chemical dispensing device," "explosive weapon," 
and "firearm" have the meanings assigned by Section 46.01.
		(3)  "Law enforcement officer" means:                                  
			(A)  an officer of a law enforcement agency of the 
United States;   
			(B)  an officer of a law enforcement agency of the 
state;           
			(C)  a member of the armed services or reserve 
forces of the United States;
			(D)  a member of the Texas National Guard; or                         
			(E)  any other officer who is authorized by a 
state or federal agency to possess a firearm and teach the use of 
the firearm to others.
		(4)  "Paramilitary organization" means a group of three 
or more persons organized on a military pattern who:
			(A)  possess chemical dispensing devices, 
explosive weapons, or firearms; and
			(B)  train in the use of or teach the use of the 
chemical dispensing devices, explosive weapons, or firearms to 
others for the purpose of committing an offense.
	(b)  A person commits an offense if the person:                         
		(1)  teaches or demonstrates to another the use, 
application, or making of a chemical dispensing device, explosive 
weapon, or firearm and the person knows, has reason to know, or 
intends that the chemical dispensing device, explosive weapon, or 
firearm be used to cause civil disorder; or
		(2)  meets with two or more persons as a paramilitary 
organization to train or practice with or be instructed in the use 
of a chemical dispensing device, explosive weapon, or firearm  and 
intends to use the chemical dispensing device, explosive weapon, or 
firearm to cause civil disorder.
	(c)  It is a defense to prosecution under this section that 
the actor is a law enforcement officer who is performing an official 
duty at the time of the offense.
	(d)  An offense under this section is a state jail felony.              
	SECTION 2.   Section 431.010, Government Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  A person commits an offense if the person is a part of a 
body that violates Subsection (a).  An offense under this 
subsection is a Class C misdemeanor.
	SECTION 3.   This Act takes effect September 1, 2003.