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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the locations in which a license holder may |
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openly carry a handgun; restricting an exception to a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. MUNICIPAL REGULATION OF OPENLY CARRYING |
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HANDGUN. (a) Subject to Subsection (b), the governing body of a |
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municipality with a population of more than 750,000 may adopt an |
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ordinance prohibiting a person who holds a license to carry a |
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handgun under Subchapter H, Chapter 411, Government Code, from |
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carrying a partially or wholly visible handgun within the corporate |
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boundaries of the municipality. |
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(b) The governing body of a municipality may adopt an |
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ordinance under Subsection (a) only if a majority of the |
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municipality's voters voting at an election held for that purpose |
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approve a proposition to authorize the governing body to adopt the |
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ordinance. |
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SECTION 2. Section 46.035, Penal Code, is amended by adding |
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Subsection (m) to read as follows: |
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(m) The exception provided by Subsection (a) is not |
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available to a license holder who is carrying a partially or wholly |
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visible handgun in a municipality with an ordinance that was |
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adopted under Section 229.005, Local Government Code, and is in |
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effect at the time of the offense. |
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SECTION 3. The change in law made by this Act in adding |
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Section 46.035(m), 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 4. This Act takes effect September 1, 2017. |