HomeMy WebLinkAboutR-2021-56 post signage authorized by Texas Penal Code Sec.46.15(o) prohibiting the carrying of firearms in room or meeting rooms 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
intentionally,knowingly,or recklessly possessing or going with a firearm"in the room or rooms where
a meeting of the governmental entity is held,if the meeting is an open meeting subject to Chapter 551,
Government Code, and if the entity provided notice as required by that chapter"; 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
entity is held,thereby necessitating the repeal of City of La Porte Resolution 2016-06,which prohibits
the open carry of handguns at meetings of the City Council and its boards, commissions, and
committees by person licensed to carry a handgun under Subchapter H,Chapter 411,Texas Government
Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE,TEXAS,THAT:
Section 1. That the findings and recitations set out in the preamble of this Resolution are found to be
true and correct and are hereby adopted by the City Council and made a part hereof for all
purposes.
Section 2. That the City Council authorizes and directs the City Manager, or his designees,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, an illustration of which sign is attached hereto as Exhibit A.
Section 3. Resolution 2016-06,authorizing the City Manager or his Designee(s)to post signage and to
provide oral or written notice as necessary is to prohibit handgun license holders from
openly carrying a handgun in the room or rooms where meetings of the City Council and/or
its boards,commissions,and committees are being held pursuant to the Open Meetings Act,
is repealed.
Section 4. The City Council officially finds,determines,recites and declares that a sufficient written
notice of the date,hour,place and subject of this meeting of the City Council was posted at
a place convenient to the public at the offices of City of La Porte for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code;and that this meeting has been open to the public as required by law at
all times during which this resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 5. This resolution shall be in effect from and after its passage and approval.
AN
PASSED AND APPROVED this, the ��j day of ) ! ,2021.
CITY OF 'O 'TE,TEXAS
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T T: APPROVED AS TO FORM:
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L e oodward, t �% r•°• •• • h•NatS T. Askins, Assistant City Attorney
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