HBA-AMW C.S.H.B. 1456 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1456
By: Hochberg
Criminal Jurisprudence
4/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The existence of militia groups, unrelated to federal and state military
corps, may create the need to counteract the possible threat these groups
pose.  Approximately 41 states have passed laws pertaining to militia
activity or paramilitary exercises.  Currently, Texas law prohibits a body
of persons other than the regularly organized state military forces or
United States troops from associating as a military company or organization
or parading in public with firearms in a municipality.  Current law,
however, does not prohibit the training and instruction of organized groups
for the specific purpose of inciting civil disorder.  C.S.H.B. 1456
provides that it is an offense to instruct, teach, demonstrate, or practice
with others for the specific purpose of inciting civil disorder. 

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. 

ANALYSIS

C.S.H.B. 1456 amends the Penal and Government codes to provide criminal
penalties relating to paramilitary training to incite disorder.  The bill
amends the Penal Code to provide that it is a state jail felony if a person
teaches or demonstrates to another the use, application, or making of a
chemical dispensing device, firearm, or explosive weapon and the person
knows, has reason to know, or intends that the chemical dispensing device,
firearm, or explosive weapon be used to cause civil disorder.   

The bill also provides that a person commits a state jail felony if the
person 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, firearm, or explosive weapon and intends to use the chemical
dispensing device, firearm, or explosive weapon to cause civil disorder.
The bill specifies that it is a defense to prosecution that the actor is a
law enforcement officer who is performing an official duty at the time of
the offense. 

C.S.H.B. 1456 amends the Government Code to provide that it is a Class C
misdemeanor if a person is a part of a body that violates the prohibition
against associating as a military company or organization or parading in
public with firearms in a municipality of the state. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1456 modifies the original bill by deleting the definitions of
"state officer" and "state property" and modifying the definition of
"paramilitary organization."   

The substitute differs from the original bill by providing that a person
commits a state jail felony if the person  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, rather than  if the person teaches or
demonstrates to another the use, application, or making of a firearm,
explosive weapon, or technique capable of causing injury or death and the
person knows, has reason to know, or intends that the firearm, explosive
weapon, or technique be used to cause civil disorder or commit an offense
against a state officer or state property.  The substitute also differs
from the original bill by providing that a person commits a state jail
felony if the person 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, rather than if the person meets with two or more persons as a
paramilitary organization to train or practice with or be instructed in the
use of a firearm or explosive weapon or to train in, practice, or be
instructed in the use of a technique capable of causing injury or death and
intends to use the firearm, explosive weapon, or technique to cause civil
disorder or commit an offense against a state officer or state property.