HBA-RBT H.B. 2309 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2309
By: Hochberg
Criminal Jurisprudence
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Texas laws dealing with conspiracy to commit a crime require a specific
crime to be contemplated before law enforcement officials can prosecute.
This leaves them without a tool to prosecute those who plan and train for a
variety of targets, or those who can successfully keep the specific target
of their crime secret until just before the crime is committed. 

H.B. 2309 prohibits the systematic instruction in exercises comparable to
military training including the use of advanced weaponry, for the purpose
of fostering civil disorder.  This bill allows law enforcement to prosecute
groups who engage in training others in paramilitary techniques with the
knowledge that such techniques will be used to cause property damage or
personal harm.  Twenty four other states have already enacted legislation
prohibiting paramilitary activity.  This bill does not affect those who use
a firearm while engaging in lawful hunting, fishing, or other sporting
activity.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 42, Penal Code, by adding Section 42.021, as
follows: 

Sec.  42.021.  PARAMILITARY TRAINING TO INCITE CIVIL DISORDER.  Defines
"civil disorder," "firearm" and "explosive weapon," "law enforcement
officer," "paramilitary organization," and "state officer."  Provides that
a person commits a state jail felony if the person teaches or demonstrates
to another, or meets with two or more persons to train or practice in, the
use, application, or making of a firearm, explosive weapon, or technique
capable of causing injury or death if the person knows that the purpose of
the activity is to cause civil disorder or commit an offense against a
state officer or state property.  Provides that a law enforcement officer
performing an official duty at the time of the activity does not commit an
offense.  Provides that this section does not prohibit a person from
engaging in or possessing or using a firearm in a lawful hunting, fishing,
or other sporting activity. 

SECTION 2.  Amends Section 431.010, Government Code, by adding Subsection
(d), to provide that a person commits a Class C misdemeanor if the person
associates as a military company or organization or parade in public with
firearms in a municipality of the state. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.