R-2016-06 Resolution Prohibiting Handgun License Holders from Openly Carrying a Handgun in the Room or Rooms Where Meetings of the City Council, Boards, and Committee's

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• RESOLUTION NO_ 2016-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA FORTE, TEXAS, AUTHORIZING THE CITY MANAGER, OR HIS DE SIGNEE(S), TO POST THE REQUIRED SIGNAGE AND TO PROVIDE Ol2,%x, OR WRITTEN NOTICE AS NECESSARY TO PROHIBIT HANDGUN LICENSE HOLDER.,$ FROM OPENLY CARRYING A HANDGUN IN THE ROOM OR ROOMS WHERE MEETINGS OF THE CITY COUNCIL AND/OR ITS BOARDS, COMMISSIONS, AND COMMITTEES ARF. BEING CONDUCTED PURSUANT TO TTIE TEXAS OPEN MEETINGS ACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE_ WHEREAS, Texas Penal Code Section 46.035(c) provides that a handgun license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by Chapter 551 Government Code; and WHEREAS, Texas Penal Code Section 46.035(i) provides that the prohibition against carrying a • handgun by persons licensed under the authority of Subchapter H, Chapter 41 1, Government Code in the room or rooms where a meeting of a governmental entity is held and where the meeting is an open meeting subject to Chapter 551, Government Code and the entity provided notice ns required by Chapter 551, Government Code, does not apply if the license holder was not given effective notice under Section 30.06 or 30.07 of the Texas Penal Code; and WHEREAS, Section 30.07 of the Texas Penal Code provide that the owner of property or someone with apparent authority to act for the owner, in order to give notice to a handgun license holder that entry on property by a license holder openly carrying n handgun is forbidden, must either provide oral communication or written communication, with written communication being de£ned as n card or other document on which is written identical language to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handguns a person licensed under Subchapter H, Chapter 411, Government Code (handgun license law), may not enter this property with a handgun that is carried openly", or a sign posted on the property that includes this language, posted in both English and Spanish, that appears in contrasting colors with block letters at least one inch in height, and displayed in a conspicuous manner clearly visible to the public nt each entrance to the property; and WHEREAS, the City Council desires to prohibit handgun license holder from openly carrying a handgun in the room or rooms of all meetings of the City Council and/or its boards, commissions, or committees that are being conducted pursuant to the Texas Open Meetings Act and where the meeting was properly posted under the Texas Open Meetings Act; and 40