Bill Text: TX HB1770 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the authority of certain municipalities to regulate locations at which a license holder may openly carry a handgun.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-10 - Referred to Homeland Security & Public Safety [HB1770 Detail]
Download: Texas-2021-HB1770-Introduced.html
| 87R3013 JSC-F | ||
| By: Anchia | H.B. No. 1770 | |
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| relating to the authority of certain municipalities to regulate | ||
| locations at which a license holder may openly carry a handgun. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 2. 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 750,000. | ||
| (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 license holder under Subchapter H, Chapter | ||
| 411, Government Code, 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 handgun license holder 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 handgun license holder from | ||
| carrying a wholly or partially visible handgun within the corporate | ||
| boundaries of the municipality. | ||
| SECTION 3. Section 46.035, Penal Code, is amended by adding | ||
| Subsection (n) to read as follows: | ||
| (n) The exception provided by Subsection (a) is not | ||
| available to a license holder 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 4. The change in law made by this Act in adding | ||
| Section 46.035(n), 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 5. This Act takes effect September 1, 2021. | ||
