87R2953 MEW-F
 
  By: Hall S.B. No. 514
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying of concealed handguns by handgun license
  holders on the campus of a school district or open-enrollment
  charter school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Section 37.0817 to read as follows:
         Sec. 37.0817.  CARRYING OF HANDGUNS BY SCHOOL EMPLOYEES.
  (a) For purposes of this section, "premises" has the meaning
  assigned by Section 46.035, Penal Code.
         (b)  Except as provided by Sections 37.0811(c) and (d), the
  board of trustees of a school district or the governing body of an
  open-enrollment charter school may not adopt any rule, regulation,
  or other provision prohibiting or restricting a district or school
  employee, while performing job duties on the premises of a district
  or school, from carrying in a concealed manner a handgun that the
  employee is licensed to carry under Subchapter H, Chapter 411,
  Government Code.
         SECTION 2.  The heading to Section 411.2031, Government
  Code, is amended to read as follows:
         Sec. 411.2031.  CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
  CERTAIN HIGHER EDUCATION CAMPUSES.
         SECTION 3.  Section 411.2032(a), Government Code, is amended
  by amending Subdivision (1) and adding Subdivision (3) to read as
  follows:
               (1)  "Campus" means all land and buildings owned or
  leased by a school district, open-enrollment charter school, [an]
  institution of higher education, or private or independent
  institution of higher education.
               (3)  "Open-enrollment charter school" and "school
  district" have the meanings assigned by Section 411.2033.
         SECTION 4.  Section 411.2032(b), Government Code, is amended
  to read as follows:
         (b)  A school district, open-enrollment charter school, [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 or 30.07,
  Penal Code, 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, including a student or
  employee [enrolled at that institution], who holds a license to
  carry a handgun under this subchapter and lawfully possesses the
  firearm or ammunition:
               (1)  on a street or driveway located on the campus of
  the district, school, or institution; or
               (2)  in a parking lot, parking garage, or other parking
  area located on the campus of the district, school, or institution.
         SECTION 5.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.2033 to read as follows:
         Sec. 411.2033.  CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
  PUBLIC SCHOOL CAMPUSES. (a)  For purposes of this section:
               (1)  "Campus" means all land and buildings owned or
  leased by a school district or open-enrollment charter school.
               (2)  "Open-enrollment charter school" means a school
  that has been granted a charter under Subchapter D, Chapter 12,
  Education Code.
               (3)  "School district" means any public school district
  in this state.
         (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 a school district or open-enrollment charter school in
  this state.
         (c)  A school district or open-enrollment charter school in
  this state may not adopt any rule, regulation, or other provision
  prohibiting license holders from carrying handguns on a campus of
  the district or school.
         SECTION 6.  Sections 411.208(a), (b), and (d), Government
  Code, are amended 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, a school district
  or open-enrollment charter school, an officer or employee of a
  school district or open-enrollment charter school, 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, a qualified handgun instructor, or an
  approved online course provider 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, a school district or open-enrollment charter
  school, an officer or employee of a school district or
  open-enrollment charter school, 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, a qualified handgun instructor, or an approved
  online course provider 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, a school
  district or open-enrollment charter school, an officer or employee
  of a school district or open-enrollment charter school, 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 a school district,
  open-enrollment charter school, [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 district, school, or institution and whose
  conduct with regard to the handgun is made the basis of a claim for
  personal injury or property damage.
         SECTION 7.  Section 411.208(f), Government Code, is amended
  by amending Subdivision (1) and adding Subdivision (3) to read as
  follows:
               (1)  "Campus" means all land and buildings owned or
  leased by a school district, open-enrollment charter school,
  institution of higher education, or private or independent
  institution of higher education [has the meaning assigned by
  Section 411.2031].
               (3)  "Open-enrollment charter school" and "school
  district" have the meanings assigned by Section 411.2033.
         SECTION 8.  Section 46.03(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if the person intentionally,
  knowingly, or recklessly possesses or goes with a firearm,
  location-restricted 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 a school district,
  open-enrollment charter school, [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 district, school, or 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.
         SECTION 9.  Section 46.03(c), Penal Code, is amended by
  adding Subdivisions (4) and (5) to read as follows:
               (4)  "Open-enrollment charter school" means a school
  that has been granted a charter under Subchapter D, Chapter 12,
  Education Code.
               (5)  "School district" means any public school district
  in this state.
         SECTION 10.  Section 46.035(a-1), Penal Code, as added by
  Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (a-1)  Notwithstanding Subsection (a), 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 or knowingly displays the handgun in plain view of
  another person:
               (1)  on the premises of a school district,
  open-enrollment charter school, [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 a school district, open-enrollment charter school, [an]
  institution of higher education, or private or independent
  institution of higher education.
         SECTION 11.  Section 46.035(f), Penal Code, is amended by
  adding Subdivisions (2-a) and (4) to read as follows:
               (2-a)  "Open-enrollment charter school" means a school
  that has been granted a charter under Subchapter D, Chapter 12,
  Education Code.
               (4)  "School district" means any public school district
  in this state.
         SECTION 12.  The following provisions are repealed:
               (1)  Section 37.0815, Education Code; and
               (2)  Section 46.035(a-1), Penal Code, as added by
  Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
  Session, 2015.
         SECTION 13.  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 14.  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 15.  This Act takes effect August 1, 2022.