BILL ANALYSIS

H.B. 1077

By: Kleinschmidt

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Recently enacted legislation prohibited an employer from enforcing policies restricting an employee's right to store lawfully owned firearms and ammunition in the employee's locked, private motor vehicle while parked on the employer's property. Interested parties note that this legislation applies with regard to faculty, staff, and employees at public and private colleges and universities but not to students who are not employees of these institutions of higher education. While it is legal for students to transport and store firearms in vehicles located on campus, many institutions have adopted administrative policies that prohibit such activity. H.B. 1077 seeks to extend to college students the same protections granted to employees by prohibiting an institution of higher education from adopting or enforcing any rule, regulation or other provision prohibiting or restricting the storage or transportation of a firearm or ammunition in certain motor vehicles on the institution's campus.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1077 amends the Education Code to prohibit a public, private, or independent institution of higher education in Texas from adopting or enforcing any rule, regulation, or other provision prohibiting or placing restrictions on the storage or transportation of a firearm or ammunition in a locked, privately owned or leased motor vehicle by a person who lawfully possesses the firearm or ammunition on a street or driveway or a parking lot, parking garage, or other parking area located on the campus of the institution.

EFFECTIVE DATE

September 1, 2013.