87R3013 JSC-F
By: Anchia H.B. No. 1770
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain municipalities to regulate
locations at which a license holder may openly carry a handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 229.001, Local Government Code, is
amended by adding Subsection (b-2) to read as follows:
(b-2) Subsection (a) does not affect the authority of a
municipality under Section 229.005 to regulate the open carrying of
a handgun as provided by that section.
SECTION 2. Subchapter A, Chapter 229, Local Government
Code, is amended by adding Section 229.005 to read as follows:
Sec. 229.005. REGULATION OF OPEN CARRYING OF HANDGUN BY
CERTAIN MUNICIPALITIES. (a) This section applies only to a
municipality with a population of more than 750,000.
(b) The governing body of a municipality described by
Subsection (a) shall order an election to be held on the question of
whether to prohibit a license holder under Subchapter H, Chapter
411, Government Code, from carrying a wholly or partially visible
handgun within the corporate boundaries of the municipality if a
petition requesting the election is submitted to the governing body
and is signed by a number of registered voters of the municipality
equal to at least 10 percent of the number of voters participating
in the last general election held in the municipality.
(c) An election under this section must be held on the first
authorized uniform election date prescribed by Chapter 41, Election
Code, that occurs after the date the election is ordered and that
allows sufficient time to comply with other requirements of law.
(d) The ballot in an election under this section shall be
printed to provide for voting for or against the proposition:
"Prohibiting a handgun license holder from openly carrying a
handgun within the city limits of _______________ (name of
municipality)."
(e) If a majority of those voting at the election vote in
favor of the proposition, the governing body of the municipality
shall adopt an ordinance prohibiting a handgun license holder from
carrying a wholly or partially visible handgun within the corporate
boundaries of the municipality.
SECTION 3. Section 46.035, Penal Code, is amended by adding
Subsection (n) to read as follows:
(n) 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 4. The change in law made by this Act in adding
Section 46.035(n), 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 5. This Act takes effect September 1, 2021.