HomeMy WebLinkAboutR16-355338
RESOLUTION NO. R16-355
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS, AUTHORIZING THE PROHIBITION OF OPEN CARRYING
HANDGUNS INTO MEETING ROOMS DURING CERTAIN OPEN
MEETINGS AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during the 2015 Legislative Session, the Texas Legislature passed
House Bill 910, modifying the concealed handgun licenses by eliminating the
concealed/open carry distinction for licensed holders to "open" carry a handgun; and
WHEREAS, House Bill 910 authorized City Councils to adopt policies and prohibit
the carrying of handguns into meeting rooms during open meetings subject to the Texas
Government Code Ann., Chapter 551 (Vernon's 2012 and Supp. 2015); and
WHEREAS, the Texas Penal Code Ann., Chapter 46 (Vernon's 2011 and Supp.
2015), permits governmental entities to post notices prohibiting the carrying of handguns
in any meeting room for which an open meeting of a governmental entity subject to an
open meeting, subject to Texas Government Code at Chapter 551, is being held, by giving
notice that any person licensed under the Texas Government Code Ann., Chapter 411,
Subchapter H (Vernon's 2012 and Supp. 2015) is prohibited from openly carrying a
handgun into the meeting room(s) while the meeting is being held; and
WHEREAS, the City Council for the City of Plainview, Texas wishes to prohibit
open carry of handguns in any open meeting of a governmental entity subject to Texas
Government Code at Chapter 551.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Plainview that:
Section 1. In accordance with State law, the City Manager is authorized to post
signs at the entrance to any meeting room for which an open meeting of a governmental
entity subject to Texas Government Code at Chapter 551 is being held.
Section 2. Such signs posted shall give notice that any person licensed under
Texas Government Code at Chapter 411, Subchapter H, is prohibited from openly
carrying a handgun into the meeting room(s) while the meeting is being held. The signs
will be printed in English and Spanish and will read as follows:
"Pursuant to Section 30.07, Penal Code (trespass by license holder
with an openly carried handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a handgun that is carried
openly."
Section 3. The possession of any firearm in any meeting room posted as stated
above can subject any person, including a person who holds a license to carry a handgun,
to prosecution of a misdemeanor offense pursuant to Texas Penal Code Ann., Section
Resolution R16-355
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30.07 (Vernon's Supp. 2015).
Section 3. This Resolution shall be effective from the date of its adoption.
PASSED and APPROVED this 23rd day of February, 2016.
ATT T:
y Secretary
it
Belinda Hino'osa
APPROVED AS TO CONTENT:
Jeffre , City Manager
APPROVED AS TO FORM:
Leslie SpearSc idt, Ci
Wendell Dunlap, Mayor
Resolution R16-355
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