HomeMy WebLinkAbout23-1263RESOLUTIONNO. 23-1263
A RESOLUTION OF THE CITY OF DENTON PROHIBITING THE CARRYING OF A
HANDGUN OR OTHER FIREARM INTO THE ROOM OR ROOMS IN WHICH ANY
MEETING OF THE CITY COUNCIL OR ANY OTHER CITY BOARD OR COMMISSION
THAT IS SUBJECT TO CHAPTER 551, TEXAS GOVERNMENT CODE (OPEN MEETINGSACT) IS MEETING; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Texas Penal Code Section 46.035(c) makes it an offense for a handgun licenseholder to intentionally, knowingly, or recklessly carry a handgun under the authority of
Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), 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 being held and if the meeting is an open meeting subject to
Chapter 551, Government Code (Open Meetings Act), and the entity provides notice as required
by that chapter; and
WHEREAS, Texas Penal Code Section 46.035(i) provides that the prohibition in Section
46.035(c) does not apply unless the license holder is given effective notice under Penal Code
Sections 30.06 and 30.07; and
WHEREAS, Texas Penal Code Section 30.06 requires that signage created in accordance with
that section be “displayed in a conspicuous manner clearly visible to the public”; and
WHEREAS, Section 30.07 adds language that requires that signage be “displayed in a
conspicuous manner clearly visible to the public at each entrance fo the property” ', and
WHEREAS, the best interpretation of that conflicting language is to display the signage at the
entrance to the room where the meeting is being held; and
WHEREAS, it may be difficult for a license holder, without notice provided by signage, to
definitively know where he or she can lawfully carry a handgun; and
WHEREAS, Texas Penal Code Section 46.01(3) provides a "Firearm" means any device
designed, made, or adapted to expel a projectile through a barrel by using the energy generated
by an explosion or burning substance or any device readily convertible to that use; and
WHEREAS, Texas Penal Code Section 46.03(a)(14), Places Weapons Prohibited, provides a
person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes
with a firearm in the room or rooms where a meeting of a governmental entity is being 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, the city council of the City of Denton finds that the most appropriate way to protect
the attendees of meetings of the city council or any other board or commission that is subject to
Chapter 551, Texas Government Code (Open Meeting Act) is to prohibit the carrying of a
handgun by a license holder and any other type of firearms, including but not limited to “longguns“ such as shotguns, rifles, or military/assault style weapons, in those meetings; NOWTHEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON:
SECTiON 1
1.Pursuant to Section 46.035(c), Texas Penal Code, the concealed or open carry of anyfirearm by a person licensed under Chapter 411, Subchapter H (Handgun Licensing Law),
into the room or rooms in which any meeting of the city council or any other board or
commission that is subject to Chapter 551, Texas Government Code (Open Meetings Act),
is being held, is prohibited.
Pursuant to Section 46.035(i), Texas Penal Code, city staff is directed to prepare signagein accordance with Texas Penal Code Sections 30.06 and 30.07.
City staff is directed to post such signage outside the door to the room or rooms in which
any meeting of the city council or any other board or commission that is subject to
Chapter 551, Texas Government Code (Open Meetings Act) is taking place prior to the
meeting, and to remove the signage upon the conclusion of the meeting.
The carrying of any other type of firearm besides a handgun, including but not limited to
“long guns” such as shotguns, rifles, or military/assault style weapons, into the room or
rooms in which any meeting of the city council or any other board or commission that is
subject to Chapter 551, Texas Government Code (Open Meetings Act), is being held, is
prohibited.
This Resolution does not apply to licensed peace officers possessing firearms in the
performance of their official duties.
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SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
The motion to aA:seconded by pAul T+,=:s/ esQ u "" "as TTI: R:„IT„t:,T=„ i„',:d :„d ,pp„,,da:y
the following vote [1 e
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V/
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Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the £7+" day of June , 2023.
ATTEST:
JESUS SALAZAR, INTERIM CITY SECRETARY n\\tilliii
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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