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RESOLUTION 2021-56
<br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
<br /> AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE(S), TO POST SIGNAGE
<br /> AUTHORIZED BY TEXAS PENAL CODE SEC. 46.15(o)PROHIBITING THE CARRYING
<br /> OF FIREARMS IN THE ROOM OR ROOMS WHERE A MEETING OF A GOVERNMENTAL
<br /> ENTITY IS HELD; REPEALING RESOLUTION NO. 2016-06; FINDING COMPLIANCE
<br /> WITH THE OPEN MEETINGS ACT,AND PROVIDING AN EFFECTIVE DATE
<br /> WHEREAS,on September 1,2021,the Firearm Carry Act of 2021 (also known as H.B. 1927)became
<br /> law; and
<br /> WHEREAS, Texas Penal Code Sec. 46.03(14), added by H.B. 1927, prohibits a person from
<br /> intentionally,knowingly,or recklessly possessing or going with a firearm"in the room or rooms where
<br /> a meeting of the governmental entity is held,if the meeting is an open meeting subject to Chapter 551,
<br /> Government Code, and if the entity provided notice as required by that chapter"; and
<br /> WHEREAS,Texas Penal Code Sec.46.15(o),added by H.B. 1927,provides that a person may provide
<br /> notice that a firearm and other weapons are prohibited under Sec. 46.03 of the Penal Code on the
<br /> premises by posting a sign at the entrance to the premises that includes language that is identical or
<br /> substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons
<br /> prohibited), a person may not carry a firearm or other weapon on this property",and which is in both
<br /> English and Spanish,appears in contrasting colors with block letters at least one inch in height,and is
<br /> displayed in a conspicuous manner clearly visible to the public; and
<br /> WHEREAS,the City Council of La Porte, Texas, desires to post a sign meeting the requirements of
<br /> Texas Penal Code Sec.46.15(o)at the entrance to the La Porte City Council Chambers when a meeting
<br /> of the City Council and/or its boards,commissions,and committees properly noticed in accordance with
<br /> the Open Meetings Act is held, so as to alert members of the public that under state law persons may
<br /> not bring a handgun to meetings of the governmental entity; and
<br /> WHEREAS,Texas Penal Code Sec. 46.15(b),as amended by H.B. 1927,establishes an exception to
<br /> the prohibition against the carrying of firearms to meetings of a governmental entity,by authorizing a
<br /> person who was issued a license to carry a handgun under Subchapter H, Chapter 411, Texas
<br /> Government Code to carry a handgun in a concealed manner or in a holster,in the room or rooms where
<br /> a meeting of the governmental entity is held; and
<br /> WHEREAS, H.B. 1927 also repealed Texas Penal Code Sec. 46.035 in its entirety, which before its
<br /> repeal authorized a governmental entity to elect to prohibit the carrying of handguns by persons licensed
<br /> under Subchapter H, Chapter 411, Government Code in the room or rooms where a meeting of the
<br /> governmental entity is held,by providing notice under Texas Penal Code Section 30.06 and/or 30.07;
<br /> and
<br /> WHEREAS,Texas Penal Code Sec.46.15(p),added by H.B. 1927,which authorizes the proprietors of
<br /> certain properties that are restricted to firearms under Texas Penal Code Sec.46.03 to elect to prohibit
<br /> the carrying of handguns by persons licensed under Subchapter H, Chapter 411, Government Code,
<br /> does not include in the list of such properties the room or rooms where a meeting of the governmental
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