88R3932 JCG-F
By: AnchÃa H.B. No. 2281
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain municipalities to prohibit
openly carrying a handgun within the municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.209(i), Government Code, is amended
to read as follows:
(i) Subsection (a) does not apply to:
(1) a written notice provided by a state hospital
under Section 552.002, Health and Safety Code; or
(2) an ordinance adopted by a municipality under
Section 229.005, Local Government Code, prohibiting openly
carrying a handgun within the corporate boundaries of the
municipality and any signs or notices referring to that
prohibition.
SECTION 2. 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 3. 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 500,000.
(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 person 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 person 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 person from carrying a
wholly or partially visible handgun within the corporate boundaries
of the municipality.
SECTION 4. Section 46.02, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) The exception provided by Subsection (a-5) does not
apply to a person 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 5. The change in law made by this Act in adding
Section 46.02(f), 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 6. Section 411.209, Government Code, as amended by
this Act, applies only to conduct that occurs on or after the
effective date of this Act.
SECTION 7. This Act takes effect September 1, 2023.