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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of concealed handguns on the campuses of |
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and certain other locations associated with institutions of higher |
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education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.2032 to read as follows: |
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Sec. 411.2032. CARRYING OF HANDGUNS BY LICENSE HOLDERS IN |
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PRIVATE VEHICLES ON CERTAIN CAMPUSES. (a) For purposes of this |
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section: |
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(1) "Campus" means all land and buildings owned or |
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leased by an institution of higher education or private or |
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independent institution of higher education. |
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(2) "Institution of higher education" and "private or |
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independent institution of higher education" have the meanings |
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assigned by Section 61.003, Education Code. |
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(b) An institution of higher education or private or |
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independent institution of higher education in this state may not |
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adopt any rule, regulation, or other provision prohibiting a person |
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who holds a license to carry a concealed handgun under Subchapter H, |
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Chapter 411, Government Code, from transporting or storing a |
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handgun of the same category the person is licensed to carry in a |
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locked, privately owned motor vehicle or a motor vehicle leased by |
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the person: |
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(1) on a street or driveway located on the campus of |
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the institution; or |
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(2) in a parking lot, parking garage, or other parking |
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area located on the campus of the institution. |
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SECTION 2. Sections 46.03(a) and (c), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally, |
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knowingly, or recklessly possesses or goes with a firearm, illegal |
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knife, club, or prohibited weapon listed in Section 46.05(a): |
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(1) on the [physical] premises of a school or |
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[educational] institution of higher education or private or |
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independent institution of higher education, any grounds or |
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building on which an activity sponsored by a school or |
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[educational] institution of higher education or private or |
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independent institution of higher education is being conducted, or |
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a passenger transportation vehicle of a school or [educational] |
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institution of higher education or private or independent |
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institution of higher education, whether the school or |
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[educational] institution is public or private, unless: |
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(A) pursuant to written regulations or written |
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authorization of the institution; or |
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(B) the person possesses or goes with a concealed |
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handgun that the person is licensed to carry under Subchapter H, |
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Chapter 411, Government Code, and no other weapon to which this |
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subsection applies, on the premises of an institution of higher |
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education or private or independent institution of higher |
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education, on any grounds or building on which an activity |
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sponsored by the institution is being conducted, or in a passenger |
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transportation vehicle of the institution; |
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(2) on the premises of a polling place on the day of an |
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election or while early voting is in progress; |
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(3) on the premises of any government court or offices |
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utilized by the court, unless pursuant to written regulations or |
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written authorization of the court; |
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(4) on the premises of a racetrack; |
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(5) in or into a secured area of an airport; or |
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(6) within 1,000 feet of premises the location of |
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which is designated by the Texas Department of Criminal Justice as a |
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place of execution under Article 43.19, Code of Criminal Procedure, |
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on a day that a sentence of death is set to be imposed on the |
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designated premises and the person received notice that: |
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(A) going within 1,000 feet of the premises with |
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a weapon listed under this subsection was prohibited; or |
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(B) possessing a weapon listed under this |
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subsection within 1,000 feet of the premises was prohibited. |
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(c) In this section: |
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(1) "Institution of higher education" and "private or |
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independent institution of higher education" have the meanings |
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assigned by Section 61.003, Education Code. |
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(2) [(1)] "Premises" has the meaning assigned by |
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Section 46.035. |
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(3) [(2)] "Secured area" means an area of an airport |
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terminal building to which access is controlled by the inspection |
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of persons and property under federal law. |
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SECTION 3. Section 46.035, Penal Code, is amended by adding |
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Subsection (l) to read as follows: |
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(l) Subsection (b)(2) does not apply on the premises where a |
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collegiate sporting event is taking place if the actor was not given |
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effective notice under Section 30.06. |
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SECTION 4. Sections 46.03(a) and (c), Penal Code, as |
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amended by this Act, and Section 46.035(l), Penal Code, as added by |
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this Act, apply only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2011. |