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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain municipalities to regulate |
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locations at which a license holder may openly carry a handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 229.001, Local Government Code, is |
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amended by adding Subsection (b-2) to read as follows: |
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(b-2) Subsection (a) does not affect the authority of a |
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municipality under Section 229.005 to regulate the open carrying of |
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a handgun as provided by that section. |
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SECTION 2. Subchapter A, Chapter 229, Local Government |
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Code, is amended by adding Section 229.005 to read as follows: |
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Sec. 229.005. REGULATION OF OPEN CARRYING OF HANDGUN BY |
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CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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municipality with a population of more than 750,000. |
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(b) The governing body of a municipality described by |
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Subsection (a) shall order an election to be held on the question of |
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whether to prohibit a license holder under Subchapter H, Chapter |
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411, Government Code, from carrying a wholly or partially visible |
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handgun within the corporate boundaries of the municipality if a |
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petition requesting the election is submitted to the governing body |
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and is signed by a number of registered voters of the municipality |
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equal to at least 10 percent of the number of voters participating |
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in the last general election held in the municipality. |
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(c) An election under this section must be held on the first |
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authorized uniform election date prescribed by Chapter 41, Election |
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Code, that occurs after the date the election is ordered and that |
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allows sufficient time to comply with other requirements of law. |
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(d) The ballot in an election under this section shall be |
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printed to provide for voting for or against the proposition: |
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"Prohibiting a handgun license holder from openly carrying a |
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handgun within the city limits of _______________ (name of |
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municipality)." |
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(e) If a majority of those voting at the election vote in |
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favor of the proposition, the governing body of the municipality |
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shall adopt an ordinance prohibiting a handgun license holder from |
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carrying a wholly or partially visible handgun within the corporate |
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boundaries of the municipality. |
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SECTION 3. Section 46.035, Penal Code, is amended by adding |
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Subsection (n) to read as follows: |
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(n) The exception provided by Subsection (a) is not |
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available to a license holder who is carrying a partially or wholly |
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visible handgun in a municipality with an ordinance that was |
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adopted under Section 229.005, Local Government Code, and is in |
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effect at the time of the offense. |
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SECTION 4. The change in law made by this Act in adding |
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Section 46.035(n), Penal Code, applies only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |