HomeMy WebLinkAboutR-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• 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
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• WHEREAS, to implement that prohibition, the City Council authorizes and directs the City
Manager, or his designee(s), to post the required signage and to provide oral or written notice as
necessary, in accordance with State law, to provide handgun license holders with effective notice
that the open carry of handguns is prohibited in the room or rooms where meetings of the City
Council and/or its boards, commissions, and committees, required to be posted pursuant to the Texas
Open Meetings Act, and which were properly posted under the Texas Open Meetings Act, are being
conducted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
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 the required signage and to provide oral or written notice as necessary, in accordance with State
law, to provide handgun license holders with effective notice that the open carry of handguns is
prohibited in the room or rooms where meetings of the City Council and/or its boards, commissions,
and committees, required to be posted pursuant to the Texas Open Meetings Act, and which were
properly posted under the Texas Open Meetings Act, are being conducted.
SECTION 3. That it is hereby officially found and determined that the meeting at which this
• Resolution is passed is open to the public as required by law, and the public notice of the time, place,
and purpose of said meeting was given as required by law.
SECTION 4. That this Resolution shall be and become effective from and after its adoption.
PASSED, APPROVED, AND ADOPTED this the day of March, 2016.
R. Rigby,
A ST:
Patrice Fogarty, City retary
Clark T. Askins, Assistant City Attorney
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