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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 411.2031 to read as follows: |
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Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON |
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CERTAIN CAMPUSES. (a) For purposes of this 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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(3) "Premises" has the meaning assigned by Section |
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46.035, Penal Code. |
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(b) A license holder may carry a concealed handgun on or |
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about the license holder's person while the license holder is on the |
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campus of an institution of higher education or private or |
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independent institution of higher education in this state. |
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(c) Except as provided by Subsection (d) or (e), an |
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institution of higher education or private or independent |
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institution of higher education in this state may not adopt any |
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rule, regulation, or other provision prohibiting license holders |
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from carrying handguns on the campus of the institution. |
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(d) An institution of higher education or private or |
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independent institution of higher education in this state may |
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establish rules, regulations, or other provisions concerning the |
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storage of handguns in dormitories or other residential facilities |
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that are owned or leased and operated by the institution and located |
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on the campus of the institution. |
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(e) A private or independent institution of higher |
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education in this state, after consulting with students, staff, and |
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faculty of the institution, may establish rules, regulations, or |
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other provisions prohibiting license holders from carrying |
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handguns on premises that are owned or leased and operated by the |
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institution and located on the campus of the institution. |
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(f) This section does not permit a person to possess a |
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concealed handgun, or go with a concealed handgun, on the premises |
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of a hospital maintained or operated by an institution of higher |
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education or private or independent institution of higher education |
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if the hospital gives effective notice under Section 30.06, Penal |
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Code. In this subsection, "hospital" has the meaning assigned by |
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Section 241.003, Health and Safety Code. |
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(g) This section does not permit a person to possess a |
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concealed handgun, or go with a concealed handgun, on the premises |
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of a preschool, elementary school, or secondary school that is |
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located on the campus of an institution of higher education or |
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private or independent institution of higher education if the |
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institution gives effective notice under Section 30.06, Penal Code. |
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SECTION 2. Section 411.208, Government Code, is amended by |
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amending Subsections (a), (b), and (d) and adding Subsection (f) to |
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read as follows: |
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(a) A court may not hold the state, an agency or subdivision |
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of the state, an officer or employee of the state, an institution of |
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higher education, an officer or employee of an institution of |
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higher education, a private or independent institution of higher |
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education that has not adopted rules under Section 411.2031(e), an |
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officer or employee of a private or independent institution of |
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higher education that has not adopted rules under Section |
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411.2031(e), a peace officer, or a qualified handgun instructor |
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liable for damages caused by: |
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(1) an action authorized under this subchapter or a |
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failure to perform a duty imposed by this subchapter; or |
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(2) the actions of an applicant or license holder that |
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occur after the applicant has received a license or been denied a |
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license under this subchapter. |
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(b) A cause of action in damages may not be brought against |
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the state, an agency or subdivision of the state, an officer or |
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employee of the state, an institution of higher education, an |
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officer or employee of an institution of higher education, a |
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private or independent institution of higher education that has not |
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adopted rules under Section 411.2031(e), an officer or employee of |
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a private or independent institution of higher education that has |
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not adopted rules under Section 411.2031(e), a peace officer, or a |
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qualified handgun instructor for any damage caused by the actions |
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of an applicant or license holder under this subchapter. |
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(d) The immunities granted under Subsections (a), (b), and |
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(c) do not apply to: |
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(1) an act or a failure to act by the state, an agency |
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or subdivision of the state, an officer of the state, an institution |
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of higher education, an officer or employee of an institution of |
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higher education, a private or independent institution of higher |
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education that has not adopted rules under Section 411.2031(e), an |
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officer or employee of a private or independent institution of |
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higher education that has not adopted rules under Section |
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411.2031(e), or a peace officer if the act or failure to act was |
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capricious or arbitrary; or |
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(2) any officer or employee of an institution of |
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higher education or a private or independent institution of higher |
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education who possesses a handgun on the campus of that institution |
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and whose conduct with regard to the handgun is made the basis of a |
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claim for personal injury or property damage. |
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(f) For purposes of this section: |
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(1) "Campus" has the meaning assigned by Section |
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411.2031. |
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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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SECTION 3. Section 46.03, Penal Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (j) and (k) |
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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, any grounds or building on which an |
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activity sponsored by a school or educational institution is being |
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conducted, or a passenger transportation vehicle of a school or |
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educational institution, whether the school or educational |
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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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section 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) "Premises" has the meaning assigned by Section |
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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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(j) Subsection (a)(1)(B) does not permit a person to possess |
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a concealed handgun, or go with a concealed handgun, on the premises |
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of a hospital maintained or operated by an institution of higher |
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education or private or independent institution of higher education |
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if the hospital gives effective notice under Section 30.06. In this |
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subsection, "hospital" has the meaning assigned by Section 241.003, |
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Health and Safety Code. |
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(k) Subsection (a)(1)(B) does not permit a person to possess |
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a concealed handgun, or go with a concealed handgun, on the premises |
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of a preschool, elementary school, or secondary school that is |
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located on the premises of an institution of higher education or |
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private or independent institution of higher education if the |
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institution gives effective notice under Section 30.06. |
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SECTION 4. 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 5. Section 411.208, Government Code, as amended by |
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this Act, applies only to a cause of action that accrues on or after |
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September 1, 2014. A cause of action that accrued before that date |
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is governed by the law in effect immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 6. Sections 46.03(a) and (c), Penal Code, as |
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amended by this Act, and Sections 46.03(j) and (k) and 46.035(l), |
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Penal Code, as added by this Act, apply only to an offense committed |
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on or after September 1, 2014. An offense committed before |
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September 1, 2014, is governed by the law in effect when the offense |
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was committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before September 1, 2014, if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2013. |