| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the carrying of handguns on the campuses of and certain |
|
|
other locations associated with institutions of higher education. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 411.2031(e), Government Code, is amended |
|
|
to read as follows: |
|
|
(e) An institution of higher education [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, any grounds or building on which an activity sponsored |
|
|
by the institution is being conducted, or a passenger |
|
|
transportation vehicle owned by the institution. |
|
|
SECTION 2. 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, 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 an institution of higher education [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, 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 an institution of higher education [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, 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 an institution of higher education [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. |
|
|
SECTION 3. Section 46.03(a-3), Penal Code, is amended to |
|
|
read as follows: |
|
|
(a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), |
|
|
a license holder commits an offense if the license holder carries a |
|
|
handgun on the campus of an institution of higher education [a |
|
|
private or independent institution of higher education] in this |
|
|
state that has established rules, regulations, or other provisions |
|
|
prohibiting license holders from carrying handguns pursuant to |
|
|
Section 411.2031(e), Government Code, or on the grounds or building |
|
|
on which an activity sponsored by such an institution is being |
|
|
conducted, or in a passenger transportation vehicle of such an |
|
|
institution, regardless of whether the handgun is concealed, |
|
|
provided the institution gives effective notice under Section |
|
|
30.06. |
|
|
SECTION 4. Section 46.15(j), Penal Code, is amended to read |
|
|
as follows: |
|
|
(j) The provisions of Sections 46.02 and 46.03(a)(7), |
|
|
(a-2), and (a-3) [, and (a-4)] do not apply to an individual who |
|
|
carries a handgun as a participant in a historical reenactment |
|
|
performed in accordance with the rules of the Texas Alcoholic |
|
|
Beverage Commission. |
|
|
SECTION 5. The following laws are repealed: |
|
|
(1) Sections 411.2031(c), (d-1), (d-2), (d-3), and |
|
|
(d-4), Government Code; and |
|
|
(2) Section 46.03(a-4), Penal Code. |
|
|
SECTION 6. 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 accures |
|
|
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 7. 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 8. This Act takes effect September 1, 2023. |