| 1 | 1 | | 88R3932 JCG-F |
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| 2 | 2 | | By: AnchÃa H.B. No. 2281 |
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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 prohibit |
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| 8 | 8 | | openly carrying a handgun within the municipality. |
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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 411.209(i), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (i) Subsection (a) does not apply to: |
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| 13 | 13 | | (1) a written notice provided by a state hospital |
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| 14 | 14 | | under Section 552.002, Health and Safety Code; or |
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| 15 | 15 | | (2) an ordinance adopted by a municipality under |
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| 16 | 16 | | Section 229.005, Local Government Code, prohibiting openly |
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| 17 | 17 | | carrying a handgun within the corporate boundaries of the |
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| 18 | 18 | | municipality and any signs or notices referring to that |
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| 19 | 19 | | prohibition. |
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| 20 | 20 | | SECTION 2. Section 229.001, Local Government Code, is |
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| 21 | 21 | | amended by adding Subsection (b-2) to read as follows: |
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| 22 | 22 | | (b-2) Subsection (a) does not affect the authority of a |
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| 23 | 23 | | municipality under Section 229.005 to regulate the open carrying of |
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| 24 | 24 | | a handgun as provided by that section. |
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| 25 | 25 | | SECTION 3. Subchapter A, Chapter 229, Local Government |
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| 26 | 26 | | Code, is amended by adding Section 229.005 to read as follows: |
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| 27 | 27 | | Sec. 229.005. REGULATION OF OPEN CARRYING OF HANDGUN BY |
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| 28 | 28 | | CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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| 29 | 29 | | municipality with a population of more than 500,000. |
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| 30 | 30 | | (b) The governing body of a municipality described by |
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| 31 | 31 | | Subsection (a) shall order an election to be held on the question of |
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| 32 | 32 | | whether to prohibit a person from carrying a wholly or partially |
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| 33 | 33 | | visible handgun within the corporate boundaries of the municipality |
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| 34 | 34 | | if a petition requesting the election is submitted to the governing |
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| 35 | 35 | | body and is signed by a number of registered voters of the |
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| 36 | 36 | | municipality equal to at least 10 percent of the number of voters |
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| 37 | 37 | | participating in the last general election held in the |
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| 38 | 38 | | municipality. |
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| 39 | 39 | | (c) An election under this section must be held on the first |
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| 40 | 40 | | authorized uniform election date prescribed by Chapter 41, Election |
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| 41 | 41 | | Code, that occurs after the date the election is ordered and that |
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| 42 | 42 | | allows sufficient time to comply with other requirements of law. |
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| 43 | 43 | | (d) The ballot in an election under this section shall be |
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| 44 | 44 | | printed to provide for voting for or against the proposition: |
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| 45 | 45 | | "Prohibiting a person from openly carrying a handgun within the |
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| 46 | 46 | | city limits of _______________ (name of municipality)." |
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| 47 | 47 | | (e) If a majority of those voting at the election vote in |
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| 48 | 48 | | favor of the proposition, the governing body of the municipality |
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| 49 | 49 | | shall adopt an ordinance prohibiting a person from carrying a |
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| 50 | 50 | | wholly or partially visible handgun within the corporate boundaries |
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| 51 | 51 | | of the municipality. |
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| 52 | 52 | | SECTION 4. Section 46.02, Penal Code, is amended by adding |
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| 53 | 53 | | Subsection (f) to read as follows: |
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| 54 | 54 | | (f) The exception provided by Subsection (a-5) does not |
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| 55 | 55 | | apply to a person who is carrying a partially or wholly visible |
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| 56 | 56 | | handgun in a municipality with an ordinance that was adopted under |
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| 57 | 57 | | Section 229.005, Local Government Code, and is in effect at the time |
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| 58 | 58 | | of the offense. |
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| 59 | 59 | | SECTION 5. The change in law made by this Act in adding |
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| 60 | 60 | | Section 46.02(f), Penal Code, applies only to an offense committed |
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| 61 | 61 | | on or after the effective date of this Act. An offense committed |
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| 62 | 62 | | before the effective date of this Act is governed by the law in |
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| 63 | 63 | | effect on the date the offense was committed, and the former law is |
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| 64 | 64 | | continued in effect for that purpose. For purposes of this section, |
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| 65 | 65 | | an offense was committed before the effective date of this Act if |
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| 66 | 66 | | any element of the offense occurred before that date. |
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| 67 | 67 | | SECTION 6. Section 411.209, Government Code, as amended by |
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| 68 | 68 | | this Act, applies only to conduct that occurs on or after the |
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| 69 | 69 | | effective date of this Act. |
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| 70 | 70 | | SECTION 7. This Act takes effect September 1, 2023. |
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