|
INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
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 LICENSE HOLDERS 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.
(3) "Premises"
has the meaning assigned by Section 46.035, Penal Code.
(b) A license holder may
carry a concealed handgun on or about the license holder's person while the
license holder is on the campus of an institution of higher education or
private or independent institution of higher education in this state.
(c) Except as provided by
Subsection (d) or (e), 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.
(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 or other residential
facilities that are owned or leased and operated by the institution and
located on the campus of the institution.
(e) A private or
independent institution of higher education in this state, after consulting
with students, staff, and faculty of the institution, may establish rules,
regulations, or other provisions prohibiting license holders from carrying
handguns on premises that are owned or
leased and operated by the institution and located on the campus of the
institution.
(f) This section does not
permit a person to possess a concealed handgun, or go with a concealed
handgun, on the premises of a hospital maintained or operated by an
institution of higher education or private or independent institution of
higher education if the hospital gives effective notice under Section
30.06, Penal Code. In this subsection, "hospital" has the
meaning assigned by Section 241.003, Health and Safety Code.
(g) This section does not
permit a person to possess a concealed handgun, or go with a concealed
handgun, on the premises of a preschool, elementary school, or secondary
school that is located on the campus of an institution of higher education
or private or independent institution of higher education if the
institution gives effective notice under Section 30.06, Penal Code.
|
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 LICENSE HOLDERS 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.
(3) "Premises"
has the meaning assigned by Section 46.035, Penal Code.
(b) A license holder may
carry a concealed handgun on or about the license holder's person while the
license holder is on the campus of an institution of higher education or
private or independent institution of higher education in this state.
(c) Except as provided by
Subsection (d) or (e), 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 concealed handguns 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 or other residential
facilities that are owned or leased and operated by the institution and
located on the campus of the institution.
(e) Except as provided by Section 411.2032, a
private or independent institution of higher education in this state, after
consulting with students, staff, and faculty of the institution, may
establish rules, regulations, or other provisions prohibiting license
holders from carrying handguns on the
campus of the institution, on any grounds or building on which an activity
sponsored by the institution is being conducted, or in a passenger
transportation vehicle of the institution.
(f) This section does not
permit a person to possess a concealed handgun, or go with a concealed
handgun, on the premises of a hospital maintained or operated by an
institution of higher education or private or independent institution of
higher education if the hospital gives effective notice under Section
30.06, Penal Code. In this subsection, "hospital" has the
meaning assigned by Section 241.003, Health and Safety Code.
(g) This section does not
permit a person to possess a concealed handgun, or go with a concealed
handgun, on the premises of a preschool, elementary school, or secondary
school that is located on the campus of an institution of higher education
or private or independent institution of higher education if the
institution gives effective notice under Section 30.06, Penal Code.
(h) This section does not permit a person to possess a concealed
handgun, or go with a concealed handgun, inside a building or a portion of
a building that is in continuous use as a national biocontainment
laboratory in which biological specimens are stored or used and that is
located on the premises of an institution of higher education or private or
independent institution of higher education and maintained or operated by
the institution, if the institution gives effective notice under Section
30.06, Penal Code, with respect to that building or portion of that
building. This subsection does not apply to any portion of a building to
which students, faculty, staff, or the general public are granted
unrestricted access.
|
|
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(e), an
officer or employee of a private or independent institution of higher
education that has not adopted rules under Section 411.2031(e), 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(e), an officer or employee of a private or
independent institution of higher education that has not adopted rules
under Section 411.2031(e), 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:
(1) 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(e), an officer or employee of a private or independent institution
of higher education that has not adopted rules under Section 411.2031(e),
or a peace officer if the act or failure to act was capricious or arbitrary;
or
(2) any officer or
employee of an institution of higher education or a private or independent
institution of higher education who possesses a handgun on the campus of
that institution and whose conduct with regard to the handgun is made the
basis of a claim for personal injury or property damage.
(f) For purposes of this
section:
(1) "Campus"
has the meaning assigned by Section 411.2031.
(2) "Institution of
higher education" and "private or independent institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
|
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(e), an
officer or employee of a private or independent institution of higher
education that has not adopted rules under Section 411.2031(e), 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(e), an officer or employee of a private or
independent institution of higher education that has not adopted rules
under Section 411.2031(e), 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:
(1) 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(e), an officer or employee of a private or independent institution
of higher education that has not adopted rules under Section 411.2031(e),
or a peace officer if the act or failure to act was capricious or arbitrary;
or
(2) any officer or
employee of an institution of higher education or private or independent
institution of higher education described
by Subdivision (1) who possesses a handgun on the campus of that
institution and whose conduct with regard to the handgun is made the basis
of a claim for personal injury or property damage.
(f) For purposes of this
section:
(1) "Campus"
has the meaning assigned by Section 411.2031.
(2) "Institution of
higher education" and "private or independent institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
|
|
No
equivalent provision.
|
SECTION 3. Section 30.06(e),
Penal Code, is amended to read as follows:
(e) It is an exception to
the application of this section that the property on which the license
holder carries a handgun is owned or leased by a governmental entity and is
not:
(1) a premises or
other place on which the license holder is prohibited from carrying the
handgun under Section 46.03 or 46.035; or
(2) the portion of the
premises of an institution of higher education, as defined by Section
61.003, Education Code, that is described by Section 411.2031(h),
Government Code.
|
|
SECTION 3. Section 46.03,
Penal Code, is amended by amending Subsections (a) and (c) and adding
Subsections (j) and (k) 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, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or educational
institution, whether the school or educational institution is public or
private, unless:
(A) pursuant to
written regulations or written authorization of the institution; or
(B) the person possesses
or goes with a concealed handgun that the person is licensed to carry under
Subchapter H, Chapter 411, Government Code, and no other weapon to which
this section applies, on the premises of an institution of higher education
or private or independent institution of higher education, on any grounds
or building on which an activity sponsored by the institution is being
conducted, or in a passenger transportation vehicle of the institution;
(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)
"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.
(j) Subsection (a)(1)(B)
does not permit a person to possess a concealed handgun, or go with a
concealed handgun, on the premises of a hospital maintained or operated by
an institution of higher education or private or independent institution of
higher education if the hospital gives effective notice under Section
30.06. In this subsection, "hospital" has the meaning assigned
by Section 241.003, Health and Safety Code.
(k) Subsection (a)(1)(B)
does not permit a person to possess a concealed handgun, or go with a
concealed handgun, on the premises of a preschool, elementary school, or
secondary school that is located on the premises of an institution of
higher education or private or independent institution of higher education
if the institution gives effective notice under Section 30.06.
|
SECTION 4. Section 46.03,
Penal Code, is amended by amending Subsections (a) and (c) and adding
Subsections (j), (k), and (l) 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, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or educational
institution, whether the school or educational institution is public or
private, unless:
(A) pursuant to
written regulations or written authorization of the institution; or
(B) the person possesses
or goes with a concealed handgun that the person is licensed to carry under
Subchapter H, Chapter 411, Government Code, and no other weapon to which
this section applies, on the premises of an institution of higher education
or private or independent institution of higher education, on any grounds
or building on which an activity sponsored by the institution is being
conducted, or in a passenger transportation vehicle of the institution;
(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)
"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.
(j) Subsection (a)(1)(B)
does not permit a person to possess a concealed handgun, or go with a
concealed handgun, on the premises of a hospital maintained or operated by
an institution of higher education or private or independent institution of
higher education if the hospital gives effective notice under Section
30.06. In this subsection, "hospital" has the meaning assigned
by Section 241.003, Health and Safety Code.
(k) Subsection (a)(1)(B)
does not permit a person to possess a concealed handgun, or go with a
concealed handgun, on the premises of a preschool, elementary school, or
secondary school that is located on the premises of an institution of
higher education or private or independent institution of higher education
if the institution gives effective notice under Section 30.06.
(l) Subsection (a)(1)(B) does not permit a person to possess a
concealed handgun, or go with a concealed handgun, inside a building or a
portion of a building that is in continuous use as a national
biocontainment laboratory in which biological specimens are stored or used
and that is located on the premises of an institution of higher education
or private or independent institution of higher education and maintained or
operated by the institution, if the institution gives effective notice
under Section 30.06 with respect to that building or portion of that
building. This subsection does not apply to any portion of a building to
which students, faculty, staff, or the general public are granted
unrestricted access.
|
|
SECTION 4. Section 46.035,
Penal Code, is amended by adding Subsection (l) to read as follows:
(l) Subsection (b)(2)
does not apply on the premises where a collegiate sporting event is taking
place if the actor was not given effective notice under Section 30.06.
|
SECTION 5. Section 46.035,
Penal Code, is amended by amending Subsections (g), (h), and (j) and adding Subsections (a-1) and (l) to
read as follows:
(a-1) A license holder commits an offense if the license holder
carries a partially or wholly visible handgun, regardless of whether the
handgun is holstered, on or about the license holder's person under the
authority of Subchapter H, Chapter 411, Government Code, and intentionally
displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or
private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area of an
institution of higher education or private or independent institution of
higher education.
(g)
An offense under this section [Subsection (a), (b), (c), (d), or
(e)] is a Class A misdemeanor, unless the offense is committed under
Subsection (b)(1) or (b)(3), in which event the offense is a felony of the
third degree.
(h)
It is a defense to prosecution under Subsection (a) or (a-1) that
the actor, at the time of the commission of the offense, displayed the
handgun under circumstances in which the actor would have been justified in
the use of force or deadly force under Chapter 9.
(j)
Subsections (a), (a-1), and (b)(1) do not apply to a historical
reenactment performed in compliance with the rules of the Texas Alcoholic
Beverage Commission.
(l) Subsection (b)(2)
does not apply on the premises where a collegiate sporting event is taking
place if the actor was not given effective notice under Section 30.06.
|
|
No
equivalent provision.
|
SECTION 6. Section
46.035(f), Penal Code, is amended by adding Subdivision (1-a) to read as
follows:
(1-a) "Institution
of higher education" and "private or independent institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
|
|
SECTION 5. Section 411.208,
Government Code, as amended by this Act, applies only to a cause of action
that accrues on or after September 1, 2016.
A cause of action that accrued before that
date is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for that
purpose.
|
SECTION 7. 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 accrues before the effective date of this Act is governed
by the law in effect immediately before that date, and that law is
continued in effect for that purpose.
|
|
SECTION 6. Sections 46.03(a) and (c), Penal Code, as amended
by this Act, and Sections 46.03(j) and (k) and 46.035(l), Penal Code, as
added by this Act, apply only to an offense committed on or after September 1, 2016. An offense committed
before September 1, 2016, is
governed 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 September
1, 2016, if any element of the offense occurred before that date.
|
SECTION 8. The change in law made by this Act applies
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 governed
by the law in effect on the date 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 7. This Act takes
effect September 1, 2015.
|
SECTION 9. Same as introduced
version.
|
|