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