| 1 | 1 | | 87R12966 SCL-D |
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| 2 | 2 | | By: Hefner H.B. No. 4200 |
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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 regulatory authority of a municipality, including |
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| 8 | 8 | | authority to prohibit abortions. |
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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. Subchapter E, Chapter 51, Local Government Code, |
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| 11 | 11 | | is amended by adding Section 51.080 to read as follows: |
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| 12 | 12 | | Sec. 51.080. AUTHORITY TO PROHIBIT ABORTION. |
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| 13 | 13 | | Notwithstanding any other law, a home-rule municipality by |
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| 14 | 14 | | ordinance may prohibit a person from performing an abortion, or |
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| 15 | 15 | | prescribing a medication to induce an abortion, at a location in the |
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| 16 | 16 | | municipality. |
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| 17 | 17 | | SECTION 2. Subchapter A, Chapter 54, Local Government Code, |
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| 18 | 18 | | is amended by adding Section 54.007 to read as follows: |
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| 19 | 19 | | Sec. 54.007. PENALTIES FOR CONDUCT PUNISHABLE UNDER STATE |
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| 20 | 20 | | LAW. Except as otherwise specifically provided by state law, a |
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| 21 | 21 | | municipality may not adopt or enforce an ordinance that provides a |
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| 22 | 22 | | penalty for conduct punishable under state law as a misdemeanor or |
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| 23 | 23 | | by a civil penalty. |
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| 24 | 24 | | SECTION 3. Section 229.001(a), Local Government Code, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (a) Notwithstanding any other law, including Section 43.002 |
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| 27 | 27 | | of this code and Chapter 251, Agriculture Code, a municipality may |
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| 28 | 28 | | not adopt or enforce regulations relating to: |
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| 29 | 29 | | (1) the transfer, possession, wearing, carrying, |
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| 30 | 30 | | ownership, storage, transportation, licensing, or registration of |
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| 31 | 31 | | firearms, air guns, knives, ammunition, or firearm or air gun |
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| 32 | 32 | | supplies or accessories; |
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| 33 | 33 | | (2) commerce in firearms, air guns, knives, |
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| 34 | 34 | | ammunition, or firearm or air gun supplies or accessories; or |
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| 35 | 35 | | (3) the discharge of a firearm or air gun at a sport |
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| 36 | 36 | | shooting range. |
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| 37 | 37 | | SECTION 4. The change in law made by this Act applies only |
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| 38 | 38 | | to a criminal offense committed or a violation that occurs on or |
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| 39 | 39 | | after the effective date of this Act. A criminal offense committed |
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| 40 | 40 | | or a violation that occurs before the effective date of this Act is |
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| 41 | 41 | | governed by the law in effect on the date the offense was committed |
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| 42 | 42 | | or the violation occurred, and the former law is continued in effect |
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| 43 | 43 | | for that purpose. For purposes of this section, a criminal offense |
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| 44 | 44 | | was committed or a violation occurred before the effective date of |
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| 45 | 45 | | this Act if any element of the offense or violation occurred before |
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| 46 | 46 | | that date. |
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| 47 | 47 | | SECTION 5. This Act takes effect September 1, 2021. |
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