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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 premises 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 PREMISES OWNED OR LEASED BY INSTITUTION OF HIGHER |
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EDUCATION. (a) For purposes of 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) "License holder" means a person to whom a license |
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to carry a concealed handgun has been issued under this subchapter, |
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including a nonresident license issued under Section 411.173(a). |
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The term does not include a person to whom a license to carry a |
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concealed handgun has been issued by another state, regardless of |
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whether a license issued by that state is recognized pursuant to an |
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agreement negotiated by the governor under Section 411.173(b). |
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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) The president or other chief executive officer of an |
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institution of higher education in this state, on behalf of the |
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institution, and after consulting with law enforcement, students, |
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staff, and faculty of the institution, may adopt written rules or |
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regulations prohibiting license holders from carrying handguns on |
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premises owned or leased and operated by the institution, on any |
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grounds or building owned or leased by the institution and on which |
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an activity sponsored by the institution is being conducted, or on a |
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passenger transportation vehicle of the institution. A written rule |
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or regulation adopted under this subsection may remain in effect |
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for not more than one year after the date of adoption and may be |
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renewed, reenacted, or reenacted and amended by the institution |
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only after consultation with students, staff, and faculty of the |
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institution. |
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(c) An institution of higher education that does not adopt a |
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rule or regulation under Subsection (b), or a private or |
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independent institution of higher education that does not adopt a |
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rule, regulation, or other provision or take any other action |
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described by Section 46.03(j), Penal Code, shall adopt written |
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rules or regulations concerning: |
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(1) the storage of handguns in dormitories or other |
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residential facilities that are owned or leased and operated by the |
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institution; and |
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(2) the carrying of concealed handguns by license |
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holders at collegiate sporting events or other official mass |
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gatherings that take place on grounds or buildings owned or leased |
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and operated by 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 not |
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adopt or enforce any rule, regulation, or other provision or take |
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any other action, including posting notice under Section 30.06, |
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Penal Code, prohibiting a student enrolled at that institution who |
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holds a license to carry a concealed handgun under Subchapter H, |
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Chapter 411, Government Code, from transporting or storing a |
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handgun of the same category the student is licensed to carry or |
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ammunition for that handgun in a locked, privately owned motor |
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vehicle or a motor vehicle leased by or for the student: |
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(1) on a street or driveway located on the campus of |
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the institution; or |
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(2) in a parking lot, parking garage, or other parking |
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area located on the campus of the institution. |
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(e) 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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maintained or operated by an institution of higher education that |
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is used for the operation of a national biocontainment laboratory, |
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if the institution gives effective notice under Section 30.06, |
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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 or a private or independent institution of higher |
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education, an officer or employee of an institution of higher |
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education or a private or independent institution of higher |
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education, 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 or a |
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private or independent institution of higher education, an officer |
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or employee of an institution of higher education or a private or |
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independent institution of higher education, 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 an act or a failure to act by the state, an |
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agency or subdivision of the state, an officer of the state, an |
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institution of higher education or a private or independent |
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institution of higher education, an officer or employee of an |
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institution of higher education or a private or independent |
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institution of higher education, or a peace officer if the act or |
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failure to act was capricious or arbitrary. |
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(f) For purposes of this section, "institution of higher |
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education" and "private or independent institution of higher |
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education" have the meanings assigned by Section 61.003, Education |
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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), (k), |
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(l), (m), and (n) 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 of higher education or private or |
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independent institution of higher education, any grounds or |
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building on which an activity sponsored by a school or |
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[educational] institution of higher education or private or |
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independent institution of higher education is being conducted, or |
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a passenger transportation vehicle of a school or [educational] |
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institution of higher education or private or independent |
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institution of higher education, whether the school or |
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[educational] institution is public or private, unless: |
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(A) pursuant to written rules or regulations or |
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written authorization of the school or institution; or |
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(B) the person possesses or goes on premises |
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owned or leased and operated by an institution of higher education |
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or private or independent institution of higher education, on any |
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grounds or building owned or leased by the institution and on which |
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an activity sponsored by the institution is being conducted, or on a |
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passenger transportation vehicle of the institution with a |
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concealed handgun that the person is licensed to carry pursuant to a |
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license issued under Subchapter H, Chapter 411, Government Code; |
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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) [(1)] "Premises" has the meaning assigned by |
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Section 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 preclude a private or |
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independent institution of higher education from adopting a rule, |
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regulation, or other provision or from taking any other action to |
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prohibit license holders from carrying handguns on premises owned |
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or leased and operated by the institution, on any grounds or |
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building owned or leased by the institution and on which an activity |
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sponsored by the institution is being conducted, or on a passenger |
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transportation vehicle of the institution. |
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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 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 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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(l) 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 grounds or premises of an institution of higher |
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education or private or independent institution of higher education |
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if the institution gives notice under Section 30.06. |
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(m) It is an exception to the application of Subsection |
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(a)(1) that the actor possessed a firearm or club while traveling to |
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or from the actor's place of assignment or in the actual discharge |
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of the actor's duties as a security officer if: |
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(1) the actor holds a security officer commission |
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issued by the Texas Private Security Board; |
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(2) the actor is wearing a distinctive uniform; and |
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(3) the firearm or club is in plain view. |
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(n) 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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maintained or operated by an institution of higher education that |
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is used for the operation of a national biocontainment laboratory, |
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if the institution gives 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 premises owned or |
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leased and operated by an institution of higher education or |
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private or independent institution of higher education, as defined |
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by Section 61.003, Education Code, where a collegiate sporting |
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event sponsored by the institution is taking place unless the actor |
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is given 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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the effective date of this Act. A cause of action that accrued |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. Section 46.03, Penal Code, as amended by this |
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Act, and Section 46.035(l), Penal Code, as added by this Act, apply |
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only to an offense committed on or after the effective date of this |
|
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Act. An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect January 1, 2014. |