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.