82R5564 JSC-D

By: Driver, Miller of Erath, et al. H.B. No. 750

A BILL TO BE ENTITLED

AN ACT

relating to the carrying of concealed handguns on certain premises

of or locations associated with schools or institutions of higher

education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter H, Chapter 411, Government Code, is

amended by adding Section 411.2031 to read as follows:

Sec. 411.2031. CARRYING OF HANDGUNS BY CERTAIN LICENSE

HOLDERS ON CAMPUSES. (a) For purposes of this section:

(1) "Institution of higher education" and "private or

independent institution of higher education" have the meanings

assigned by Section 61.003, Education Code.

(2) "License holder" means a person to whom a license

to carry a concealed handgun has been issued under this subchapter,

including a nonresident license issued under Section 411.173(a).

The term does not include a person to whom a license to carry a

concealed handgun has been issued by another state, regardless of

whether a license issued by that state is recognized pursuant to an

agreement negotiated by the governor under Section 411.173(b).

(3) "Premises" has the meaning assigned by Section

46.035, Penal Code.

(b) Except as provided by Subsection (c) or (d), an

institution of higher education or private or independent

institution of higher education in this state may not adopt any

rule, regulation, or other provision prohibiting license holders

from carrying handguns on the campus of the institution.

(c) A private or independent institution of higher

education in this state may, after consulting with students, staff,

and faculty of the institution, adopt rules, regulations, or other

provisions prohibiting license holders from carrying handguns on

premises that are owned or operated by the institution and located

on the campus of the institution.

(d) An institution of higher education or private or

independent institution of higher education in this state may

establish rules, regulations, or other provisions concerning the

storage of handguns in dormitories that are owned or operated by the

institution and located on the campus of the institution.

SECTION 2. Section 411.208, Government Code, is amended by

amending Subsections (a), (b), and (d) and adding Subsection (f) to

read as follows:

(a) A court may not hold the state, an agency or subdivision

of the state, an officer or employee of the state, an institution of

higher education, an officer or employee of an institution of

higher education, a private or independent institution of higher

education that has not adopted rules under Section 411.2031(c), an

officer or employee of a private or independent institution of

higher education that has not adopted rules under Section

411.2031(c), a peace officer, or a qualified handgun instructor

liable for damages caused by:

(1) an action authorized under this subchapter or a

failure to perform a duty imposed by this subchapter; or

(2) the actions of an applicant or license holder that

occur after the applicant has received a license or been denied a

license under this subchapter.

(b) A cause of action in damages may not be brought against

the state, an agency or subdivision of the state, an officer or

employee of the state, an institution of higher education, an

officer or employee of an institution of higher education, a

private or independent institution of higher education that has not

adopted rules under Section 411.2031(c), an officer or employee of

a private or independent institution of higher education that has

not adopted rules under Section 411.2031(c), a peace officer, or a

qualified handgun instructor for any damage caused by the actions

of an applicant or license holder under this subchapter.

(d) The immunities granted under Subsections (a), (b), and

(c) do not apply to an act or a failure to act by the state, an

agency or subdivision of the state, an officer of the state, an

institution of higher education, an officer or employee of an

institution of higher education, a private or independent

institution of higher education that has not adopted rules under

Section 411.2031(c), an officer or employee of a private or

independent institution of higher education that has not adopted

rules under Section 411.2031(c), or a peace officer if the act or

failure to act was capricious or arbitrary.

(f) For purposes of this section, "institution of higher

education" and "private or independent institution of higher

education" have the meanings assigned by Section 411.2031.

SECTION 3. Sections 46.03(a) and (c), Penal Code, are

amended to read as follows:

(a) 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):

(1) on the [physical] premises of a school or

[educational] institution of higher education or private or

independent institution of higher education, any grounds or

building on which an activity sponsored by a school or

[educational] institution of higher education or private or

independent institution of higher education is being conducted, or

a passenger transportation vehicle of a school or [educational]

institution of higher education or private or independent

institution of higher education, whether the school or

[educational] institution is public or private, unless:

(A) pursuant to written regulations or written

authorization of the school or institution; or

(B) the person possesses or goes on the premises

of an institution of higher education or private or independent

institution of higher education, or on any grounds or building on

which an activity sponsored by the institution is being conducted,

with a concealed handgun that the person is licensed to carry

pursuant to a license issued under Subchapter H, Chapter 411,

Government Code;

(2) on the premises of a polling place on the day of an

election or while early voting is in progress;

(3) on the premises of any government court or offices

utilized by the court, unless pursuant to written regulations or

written authorization of the court;

(4) on the premises of a racetrack;

(5) in or into a secured area of an airport; or

(6) within 1,000 feet of premises the location of

which is designated by the Texas Department of Criminal Justice as a

place of execution under Article 43.19, Code of Criminal Procedure,

on a day that a sentence of death is set to be imposed on the

designated premises and the person received notice that:

(A) going within 1,000 feet of the premises with

a weapon listed under this subsection was prohibited; or

(B) possessing a weapon listed under this

subsection within 1,000 feet of the premises was prohibited.

(c) In this section:

(1) "Institution of higher education" and "private or

independent institution of higher education" have the meanings

assigned by Section 61.003, Education Code.

(2) [(1)] "Premises" has the meaning assigned by

Section 46.035.

(3) [(2)] "Secured area" means an area of an airport

terminal building to which access is controlled by the inspection

of persons and property under federal law.

SECTION 4. Section 46.035(i), Penal Code, is amended to

read as follows:

(i) Subsections (b)(2), (b)(4), (b)(5), (b)(6), and (c) do

not apply if the actor was not given effective notice under Section

30.06.

SECTION 5. Section 46.11(c)(1), Penal Code, is amended to

read as follows:

(1) "Premises" has the meaning ["Institution of higher

education" and "premises" have the meanings] assigned by Section

481.134, Health and Safety Code.

SECTION 6. Section 411.208, Government Code, as amended by

this Act, applies only to a cause of action that accrues on or after

the effective date of this Act. A cause of action that accrued

before the effective date of this Act is governed by the law in

effect immediately before the effective date of this Act, and the

former law is continued in effect for that purpose.

SECTION 7. Sections 46.03 and 46.035, Penal Code, as

amended by this Act, apply only to an offense committed on or after

the effective date of this Act. An offense committed before the

effective date of this Act is covered by the law in effect when the

offense was committed, and the former law is continued in effect for

that purpose. For purposes of this section, an offense was

committed before the effective date of this Act if any element of

the offense occurred before that date.

SECTION 8. This Act takes effect September 1, 2011.