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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain municipalities to prohibit |
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openly carrying a handgun within the municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.209(i), Government Code, is amended |
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to read as follows: |
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(i) Subsection (a) does not apply to: |
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(1) a written notice provided by a state hospital |
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under Section 552.002, Health and Safety Code; or |
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(2) an ordinance adopted by a municipality under |
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Section 229.005, Local Government Code, prohibiting openly |
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carrying a handgun within the corporate boundaries of the |
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municipality and any signs or notices referring to that |
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prohibition. |
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SECTION 2. Section 229.001, Local Government Code, is |
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amended by adding Subsection (b-2) to read as follows: |
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(b-2) Subsection (a) does not affect the authority of a |
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municipality under Section 229.005 to regulate the open carrying of |
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a handgun as provided by that section. |
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SECTION 3. Subchapter A, Chapter 229, Local Government |
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Code, is amended by adding Section 229.005 to read as follows: |
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Sec. 229.005. REGULATION OF OPEN CARRYING OF HANDGUN BY |
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CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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municipality with a population of more than 500,000. |
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(b) The governing body of a municipality described by |
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Subsection (a) shall order an election to be held on the question of |
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whether to prohibit a person from carrying a wholly or partially |
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visible handgun within the corporate boundaries of the municipality |
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if a petition requesting the election is submitted to the governing |
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body and is signed by a number of registered voters of the |
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municipality equal to at least 10 percent of the number of voters |
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participating in the last general election held in the |
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municipality. |
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(c) An election under this section must be held on the first |
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authorized uniform election date prescribed by Chapter 41, Election |
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Code, that occurs after the date the election is ordered and that |
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allows sufficient time to comply with other requirements of law. |
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(d) The ballot in an election under this section shall be |
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printed to provide for voting for or against the proposition: |
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"Prohibiting a person from openly carrying a handgun within the |
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city limits of _______________ (name of municipality)." |
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(e) If a majority of those voting at the election vote in |
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favor of the proposition, the governing body of the municipality |
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shall adopt an ordinance prohibiting a person from carrying a |
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wholly or partially visible handgun within the corporate boundaries |
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of the municipality. |
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SECTION 4. Section 46.02, Penal Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) The exception provided by Subsection (a-5) does not |
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apply to a person who is carrying a partially or wholly visible |
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handgun in a municipality with an ordinance that was adopted under |
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Section 229.005, Local Government Code, and is in effect at the time |
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of the offense. |
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SECTION 5. The change in law made by this Act in adding |
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Section 46.02(f), Penal Code, applies only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 6. Section 411.209, Government Code, as amended by |
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this Act, applies only to conduct that occurs on or after the |
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effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2023. |