16-16 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-16
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBSECTION III, "ALL WEAPONS BANNED," OF
SECTION 8.06, "WEAPONS BAN AND VIOLENCE PREVENTION," OF
CHAPTER 8, "WORK ENVIRONMENT," OF THE TOWN OF PROSPER
PERSONNEL POLICIES AND PROCEDURES MANUAL RELATIVE TO THE
LAWFUL CARRYING OF CONCEALED HANDGUNS BY EMPLOYEES;
MAKING FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABLITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), is
required, pursuant to Section 4.06 of the Town Charter, as amended, to adopt personnel rules
for the Town, after preparation of same by the Town Manager; and
WHEREAS, the Town Manager and Town staff have studied and recommended the
adoption of certain amendments to the current Town of Prosper Personnel Policies and
Procedures Manual, particularly in light of state law as it relates to "open carry" statutes and the
limitation upon local governments' authority to regulate where such weapons may, and may not,
be prohibited, pursuant to Section 46.035 of the Texas Penal Code, as amended; and
WHEREAS, the proposed amendments referenced herein are in accordance with the
aforementioned statutory authority.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Subsection III, "All Weapons
Banned," of Section 8.06, "Weapons Ban and Violence Prevention," of Chapter 8, "Work
Environment," of the Town of Prosper Personnel Policies and Procedures Manual is hereby
amended to read as follows:
"III. All Weapons Banned
Unless specifically authorized in writing by the Town Manager, no employee, other than a
licensed peace officer, shall carry or possess a firearm or other weapon on Town premises. For
any license issued pursuant to Chapter 411 of the Texas Government Code, pursuant to
Section 46.035 of the Texas Penal Code, the term "premises" shall not include any public or
private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking
area."
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect. The
Town hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full
force and effect.
SECTION 5
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF FEBRUARY, 2016.
Ray Smith, Ma or
ATT�STc
Robyn B le, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S.Welch, Town Attorney
Ordinance No.16-16,Page 2