Texas 2009 - 81st Regular

Texas House Bill HB1893 Compare Versions

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1	1	81R22633 KCR-D
2	2	By: Driver, McReynolds, Kolkhorst, H.B. No. 1893
3	3	Ortiz, Jr., Merritt, et al.
4	4	Substitute the following for H.B. No. 1893:
5	5	By: Driver C.S.H.B. No. 1893
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the carrying of concealed handguns on the campuses of
11	11	institutions of higher education.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter H, Chapter 411, Government Code, is
14	14	amended by adding Section 411.2031 to read as follows:
15	15	Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
16	16	CERTAIN CAMPUSES. (a) For purposes of this section, "institution
17	17	of higher education" and "private or independent institution of
18	18	higher education" have the meanings assigned by Section 61.003,
19	19	Education Code.
20	20	(b) A license holder may carry a concealed handgun on or
21	21	about the license holder's person while the license holder is on the
22	22	campus of an institution of higher education or private or
23	23	independent institution of higher education in this state.
24	24	(c) Except as provided by Subsection (e), an institution of
25	25	higher education or private or independent institution of higher
26	26	education in this state may not adopt any rule, regulation, or other
27	27	provision prohibiting license holders from carrying handguns on the
28	28	campus of the institution.
29	29	(d) An institution of higher education or private or
30	30	independent institution of higher education in this state may
31	31	establish rules, regulations, or other provisions concerning the
32	32	storage of handguns in dormitories or other residential buildings
33	33	that are owned or operated by the institution and located on the
34	34	campus of the institution.
35	35	(e) A private or independent institution of higher
36	36	education in this state may, after consulting with students, staff,
37	37	and faculty of the institution, establish rules, regulations, or
38	38	other provisions prohibiting license holders from carrying
39	39	handguns on premises that are owned or operated by the institution
40	40	and located on the campus of the institution. For purposes of this
41	41	subsection, "premises" has the meaning assigned by Section 46.035,
42	42	Penal Code.
43	43	SECTION 2. Section 411.208, Government Code, is amended by
44	44	amending Subsections (a), (b), and (d) and adding Subsection (e) to
45	45	read as follows:
46	46	(a) A court may not hold the state, an agency or subdivision
47	47	of the state, an officer or employee of the state, an institution of
48	48	higher education or a private or independent institution of higher
49	49	education, an officer or employee of an institution of higher
50	50	education or a private or independent institution of higher
51	51	education, a peace officer, or a qualified handgun instructor
52	52	liable for damages caused by:
53	53	(1) an action authorized under this subchapter or a
54	54	failure to perform a duty imposed by this subchapter; or
55	55	(2) the actions of an applicant or license holder that
56	56	occur after the applicant has received a license or been denied a
57	57	license under this subchapter.
58	58	(b) A cause of action in damages may not be brought against
59	59	the state, an agency or subdivision of the state, an officer or
60	60	employee of the state, an institution of higher education or a
61	61	private or independent institution of higher education, an officer
62	62	or employee of an institution of higher education or a private or
63	63	independent institution of higher education, a peace officer, or a
64	64	qualified handgun instructor for any damage caused by the actions
65	65	of an applicant or license holder under this subchapter.
66	66	(d) The immunities granted under Subsections (a), (b), and
67	67	(c) do not apply to an act or a failure to act by the state, an
68	68	agency or subdivision of the state, an officer of the state, an
69	69	institution of higher education or a private or independent
70	70	institution of higher education, an officer or employee of an
71	71	institution of higher education or a private or independent
72	72	institution of higher education, or a peace officer if the act or
73	73	failure to act was capricious or arbitrary.
74	74	(e) For purposes of this section, "institution of higher
75	75	education" and "private or independent institution of higher
76	76	education" have the meanings assigned by Section 411.2031.
77	77	SECTION 3. Sections 46.03(a) and (c), Penal Code, are
78	78	amended to read as follows:
79	79	(a) A person commits an offense if the person intentionally,
80	80	knowingly, or recklessly possesses or goes with a firearm, illegal
81	81	knife, club, or prohibited weapon listed in Section 46.05(a):
82	82	(1) on the physical premises of a school or
83	83	educational institution, any grounds or building on which an
84	84	activity sponsored by a school or educational institution is being
85	85	conducted, or a passenger transportation vehicle of a school or
86	86	educational institution, whether the school or educational
87	87	institution is public or private, unless:
88	88	(A) pursuant to written regulations or written
89	89	authorization of the institution; or
90	90	(B) the person possesses or goes on the physical
91	91	premises of an institution of higher education or private or
92	92	independent institution of higher education, or on any grounds or
93	93	building on which an activity sponsored by the institution is being
94	94	conducted, with a concealed handgun that the person is licensed to
95	95	carry under Subchapter H, Chapter 411, Government Code;
96	96	(2) on the premises of a polling place on the day of an
97	97	election or while early voting is in progress;
98	98	(3) on the premises of any government court or offices
99	99	utilized by the court, unless pursuant to written regulations or
100	100	written authorization of the court;
101	101	(4) on the premises of a racetrack;
102	102	(5) in or into a secured area of an airport; or
103	103	(6) within 1,000 feet of premises the location of
104	104	which is designated by the Texas Department of Criminal Justice as a
105	105	place of execution under Article 43.19, Code of Criminal Procedure,
106	106	on a day that a sentence of death is set to be imposed on the
107	107	designated premises and the person received notice that:
108	108	(A) going within 1,000 feet of the premises with
109	109	a weapon listed under this subsection was prohibited; or
110	110	(B) possessing a weapon listed under this
111	111	subsection within 1,000 feet of the premises was prohibited.
112	112	(c) In this section:
113	113	(1) "Institution of higher education" and "private or
114	114	independent institution of higher education" have the meanings
115	115	assigned by Section 61.003, Education Code.
116	116	(2) [(1)] "Premises" has the meaning assigned by
117	117	Section 46.035.
118	118	(3) [(2)] "Secured area" means an area of an airport
119	119	terminal building to which access is controlled by the inspection
120	120	of persons and property under federal law.
121	121	SECTION 4. Section 46.035, Penal Code, is amended by adding
122	122	Subsection (k) to read as follows:
123	123	(k) Subsection (b)(2) does not apply on the premises where a
124	124	collegiate sporting event is taking place if the actor was not given
125	125	effective notice under Section 30.06.
126	126	SECTION 5. Section 46.11(c)(1), Penal Code, is amended to
127	127	read as follows:
128	128	(1) "Premises" has the meaning ["Institution of higher
129	129	education" and "premises" have the meanings] assigned by Section
130	130	481.134, Health and Safety Code.
131	131	SECTION 6. Section 411.208, Government Code, as amended by
132	132	this Act, applies only to a cause of action that accrues on or after
133	133	the effective date of this Act. A cause of action that accrued
134	134	before the effective date of this Act is governed by the law in
135	135	effect immediately before the effective date of this Act, and that
136	136	law is continued in effect for that purpose.
137	137	SECTION 7. Sections 46.03(a) and (c), Penal Code, as
138	138	amended by this Act, and Section 46.035(k), Penal Code, as added by
139	139	this Act, apply only to an offense committed on or after the
140	140	effective date of this Act. An offense committed before the
141	141	effective date of this Act is covered by the law in effect when the
142	142	offense was committed, and the former law is continued in effect for
143	143	that purpose. For purposes of this section, an offense was
144	144	committed before the effective date of this Act if any element of
145	145	the offense occurred before that date.
146	146	SECTION 8. This Act takes effect September 1, 2009.