| 1 | 1 | | 87R3013 JSC-F |
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| 2 | 2 | | By: Anchia H.B. No. 1770 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of certain municipalities to regulate |
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| 8 | 8 | | locations at which a license holder may openly carry a handgun. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 229.001, Local Government Code, is |
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| 11 | 11 | | amended by adding Subsection (b-2) to read as follows: |
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| 12 | 12 | | (b-2) Subsection (a) does not affect the authority of a |
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| 13 | 13 | | municipality under Section 229.005 to regulate the open carrying of |
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| 14 | 14 | | a handgun as provided by that section. |
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| 15 | 15 | | SECTION 2. Subchapter A, Chapter 229, Local Government |
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| 16 | 16 | | Code, is amended by adding Section 229.005 to read as follows: |
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| 17 | 17 | | Sec. 229.005. REGULATION OF OPEN CARRYING OF HANDGUN BY |
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| 18 | 18 | | CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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| 19 | 19 | | municipality with a population of more than 750,000. |
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| 20 | 20 | | (b) The governing body of a municipality described by |
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| 21 | 21 | | Subsection (a) shall order an election to be held on the question of |
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| 22 | 22 | | whether to prohibit a license holder under Subchapter H, Chapter |
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| 23 | 23 | | 411, Government Code, from carrying a wholly or partially visible |
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| 24 | 24 | | handgun within the corporate boundaries of the municipality if a |
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| 25 | 25 | | petition requesting the election is submitted to the governing body |
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| 26 | 26 | | and is signed by a number of registered voters of the municipality |
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| 27 | 27 | | equal to at least 10 percent of the number of voters participating |
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| 28 | 28 | | in the last general election held in the municipality. |
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| 29 | 29 | | (c) An election under this section must be held on the first |
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| 30 | 30 | | authorized uniform election date prescribed by Chapter 41, Election |
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| 31 | 31 | | Code, that occurs after the date the election is ordered and that |
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| 32 | 32 | | allows sufficient time to comply with other requirements of law. |
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| 33 | 33 | | (d) The ballot in an election under this section shall be |
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| 34 | 34 | | printed to provide for voting for or against the proposition: |
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| 35 | 35 | | "Prohibiting a handgun license holder from openly carrying a |
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| 36 | 36 | | handgun within the city limits of _______________ (name of |
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| 37 | 37 | | municipality)." |
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| 38 | 38 | | (e) If a majority of those voting at the election vote in |
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| 39 | 39 | | favor of the proposition, the governing body of the municipality |
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| 40 | 40 | | shall adopt an ordinance prohibiting a handgun license holder from |
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| 41 | 41 | | carrying a wholly or partially visible handgun within the corporate |
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| 42 | 42 | | boundaries of the municipality. |
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| 43 | 43 | | SECTION 3. Section 46.035, Penal Code, is amended by adding |
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| 44 | 44 | | Subsection (n) to read as follows: |
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| 45 | 45 | | (n) The exception provided by Subsection (a) is not |
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| 46 | 46 | | available to a license holder who is carrying a partially or wholly |
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| 47 | 47 | | visible handgun in a municipality with an ordinance that was |
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| 48 | 48 | | adopted under Section 229.005, Local Government Code, and is in |
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| 49 | 49 | | effect at the time of the offense. |
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| 50 | 50 | | SECTION 4. The change in law made by this Act in adding |
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| 51 | 51 | | Section 46.035(n), Penal Code, applies only to an offense committed |
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| 52 | 52 | | on or after the effective date of this Act. An offense committed |
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| 53 | 53 | | before the effective date of this Act is governed by the law in |
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| 54 | 54 | | effect on the date the offense was committed, and the former law is |
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| 55 | 55 | | continued in effect for that purpose. For purposes of this section, |
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| 56 | 56 | | an offense was committed before the effective date of this Act if |
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| 57 | 57 | | any element of the offense occurred before that date. |
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| 58 | 58 | | SECTION 5. This Act takes effect September 1, 2021. |
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