BILL ANALYSIS

C.S.S.B. 1907

By: Hegar

Homeland Security & Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Recently enacted legislation prohibits 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 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. C.S.S.B. 1907 seeks to address this issue.

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

C.S.S.B. 1907 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.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.S.B. 1907 may differ from the engrossed version in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.

SENATE ENGROSSED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.2032 to read as follows: Sec. 411.2032.  TRANSPORTATION AND STORAGE OF HANDGUNS AND AMMUNITION BY LICENSE HOLDERS IN PRIVATE VEHICLES ON CERTAIN CAMPUSES.  (a)  For purposes of this section: (1)  "Campus" means all land and buildings owned or leased by an institution of higher education or private or independent institution of higher education. (2)  "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. (b)  An institution of higher education or private or independent institution of higher education in this state may not adopt or enforce any rule, regulation, or other provision or take any other action, including posting notice under Section 30.06, Penal Code, prohibiting a student enrolled at that institution who holds a license to carry a concealed handgun under this subchapter from transporting or storing a handgun of the same category the student is licensed to carry or ammunition for that handgun in a locked, privately owned motor vehicle or a motor vehicle leased by or for the student: (1)  on a street or driveway located on the campus of the institution; or (2)  in a parking lot, parking garage, or other parking area located on the campus of the institution.	SECTION 1.  Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.979 to read as follows: Sec. 51.979.  TRANSPORTATION AND STORAGE OF FIREARMS AND AMMUNITION IN PRIVATE VEHICLES ON CERTAIN CAMPUSES.  (a)  For purposes of this section: (1)  "Campus" means all land and buildings owned or leased by an institution of higher education or private or independent institution of higher education. (2)  "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003. (b)  An institution of higher education or private or independent institution of higher education in this state may not adopt or enforce 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: (1)  on a street or driveway located on the campus of the institution; or (2)  in a parking lot, parking garage, or other parking area located on the campus of the institution.
SECTION 2.  This Act takes effect September 1, 2013.	SECTION 2. Same as engrossed version.