09-13-21 Regular Meeting - Laserfiche WebLink

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or in a holster, in the room or rooms where a meeting of the governmental entity is held; and WHEREAS, H.B. 1927 also repealed Texas Penal Code Sec. 46.035 in its entirety, which before its repeal authorized a governmental entity to elect to prohibit the carrying of handguns by persons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