Bill Text: TX HB2281 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority of certain municipalities to prohibit openly carrying a handgun within the municipality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Community Safety, Select [HB2281 Detail]
Download: Texas-2023-HB2281-Introduced.html
88R3932 JCG-F | ||
By: Anchía | H.B. No. 2281 |
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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. |