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TX Senate concealed carry on campus bill

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Posted by Stephanie Frazier - email
83R2893 JSC-D
 
  By: Birdwell S.B. No. 182
 
 
  A BILL TO BE ENTITLED
  AN ACT
  relating to the carrying of concealed 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.  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 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 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 46.035, 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 411.208, Government Code, as amended by
  this Act, applies only to a cause of action that accrues on or after
  September 1, 2014. 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 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, 2014. An offense committed before
  September 1, 2014, 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, 2014, if any element of the offense occurred
  before that date.
         SECTION 7.  This Act takes effect September 1, 2013.