O-2198-8-03ORDINANCE NO. 2198-8-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
SECTION 10-1(c) OF ARTICLE I OF CHAPTER 10, "OFFENSES.
MISCELLANEOUS" TO REFLECT CHANGES IN STATE LAW EFFECTIVE
SEPTEMBER 1, 2003, THAT PROHIBITS A PERSON FROM CARRYING A
CONCEALED HANDGUN ON THE PREMISES OF ANY MUNICIPAL COURT OR
OFFICES UTILIZED BY THE COURT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the legislature of the State of Texas has amended Section 30.06 of the Penal Code; and,
WHEREAS, a municipality may no longer prohibit a concealed handgun license holder from carrying a
concealed handgun on the property owned by a govemmental entity; and,
WHEREAS, the legislature of the State of Texas amended Section 46.03 of the Penal Code to make it
unlawful for any person, except a peace officer, to carry a weapon on the premises of a municipal court a
offices utilized by the court.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
' COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, is hereby amended by
amending Sub -Section C of Chapter 10, Article I. In General, to read as follows:
(c) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes
with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a) of the Texas Penal Code on
the premises of the municipal court or any offices utilized by the court. This provision does not apply to a
certified peace officer in the course of his duty."
SECTION 2. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 3. All provisions of the Code of Ordinances of the City of Allen, Texas, in conflict with the
provisions of this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict
with the provisions of this Ordinance shall remain in full force and effect.
SECTION 4. Any person, firm or corporation violating any of the provisions of this Ordinance or of the
Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in
' the municipal court of the City of Allen, Texas, shall be subject to a fine not to exceed the sum of Five
Hundred Dollars ($500) for each offense, and each and every day said violation is continued shall constitute a
separate offense.
SECTION 5. This Ordinance shall take effect September 1, 2003, from and after its passage, and
publication of the caption, as the law and charter in such cases provide; and it is accordingly so ordained.
' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 20 DAY OF AUGUST 2003.
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C
APPROVED:
Steph�ll, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CIA ATTORNEY Shelley B. Geo TRMC,She0ey B. Geo TRMC, CITGCRETARY
Ordinance No. 2198-8-03, Page 2