85R2327 JSC-F
By: Anchia H.B. No. 466
A BILL TO BE ENTITLED
AN ACT
relating to limiting the locations in which a license holder may
openly carry a handgun; restricting an exception to a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 229, Local Government
Code, is amended by adding Section 229.005 to read as follows:
Sec. 229.005. MUNICIPAL REGULATION OF OPENLY CARRYING
HANDGUN. (a) Subject to Subsection (b), the governing body of a
municipality with a population of more than 750,000 may adopt an
ordinance prohibiting a person who holds a license to carry a
handgun under Subchapter H, Chapter 411, Government Code, from
carrying a partially or wholly visible handgun within the corporate
boundaries of the municipality.
(b) The governing body of a municipality may adopt an
ordinance under Subsection (a) only if a majority of the
municipality's voters voting at an election held for that purpose
approve a proposition to authorize the governing body to adopt the
ordinance.
SECTION 2. Section 46.035, Penal Code, is amended by adding
Subsection (m) to read as follows:
(m) The exception provided by Subsection (a) is not
available to a license holder who is carrying a partially or wholly
visible handgun in a municipality with an ordinance that was
adopted under Section 229.005, Local Government Code, and is in
effect at the time of the offense.
SECTION 3. The change in law made by this Act in adding
Section 46.035(m), Penal Code, applies only to an offense committed
on or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2017.