Texas 2009 - 81st Regular

Texas Senate Bill SB1164 Compare Versions

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1	1	By: Wentworth, et al. S.B. No. 1164
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the carrying of concealed handguns on the campuses of
7	7	institutions of higher education.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter H, Chapter 411, Government Code, is
10	10	amended by adding Section 411.2031 to read as follows:
11	11	Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
12	12	CERTAIN CAMPUSES. (a) For purposes of this section, "institution
13	13	of higher education" and "private or independent institution of
14	14	higher education" have the meanings assigned by Section 61.003,
15	15	Education Code.
16	16	(b) A license holder may carry a concealed handgun on or
17	17	about the license holder's person while the license holder is on the
18	18	campus of an institution of higher education or private or
19	19	independent institution of higher education in this state.
20	20	(c) Except as provided by Subsection (e), an institution of
21	21	higher education or private or independent institution of higher
22	22	education in this state may not adopt any rule, regulation, or other
23	23	provision prohibiting license holders from carrying handguns on the
24	24	campus of the institution.
25	25	(d) An institution of higher education or private or
26	26	independent institution of higher education in this state may
27	27	establish rules, regulations, or other provisions concerning the
28	28	storage of handguns in dormitories or other residential buildings
29	29	that are owned or operated by the institution and located on the
30	30	campus of the institution.
31	31	(e) A private or independent institution of higher
32	32	education in this state may, after consulting with students, staff,
33	33	and faculty of the institution, establish rules, regulations, or
34	34	other provisions prohibiting license holders from carrying
35	35	handguns on premises that are owned or operated by the institution
36	36	and located on the campus of the institution. For purposes of this
37	37	subsection, "premises" has the meaning assigned by Section 46.035,
38	38	Penal Code.
39	39	(f) This section does not provide an exception to the
40	40	application of or a defense to prosecution under Section
41	41	46.03(a)(2), 46.035(b)(1), or 46.035(c), Penal Code.
42	42	(g) This section does not permit a license holder to carry a
43	43	concealed handgun on or about the premises of a hospital maintained
44	44	or operated by an institution of higher education.
45	45	SECTION 2. Section 411.208, Government Code, is amended by
46	46	amending Subsections (a), (b), and (d) and adding Subsection (e) to
47	47	read as follows:
48	48	(a) A court may not hold the state, an agency or subdivision
49	49	of the state, an officer or employee of the state, an institution of
50	50	higher education or a private or independent institution of higher
51	51	education, an officer or employee of an institution of higher
52	52	education or a private or independent institution of higher
53	53	education, a peace officer, or a qualified handgun instructor
54	54	liable for damages caused by:
55	55	(1) an action authorized under this subchapter or a
56	56	failure to perform a duty imposed by this subchapter; or
57	57	(2) the actions of an applicant or license holder that
58	58	occur after the applicant has received a license or been denied a
59	59	license under this subchapter.
60	60	(b) A cause of action in damages may not be brought against
61	61	the state, an agency or subdivision of the state, an officer or
62	62	employee of the state, an institution of higher education or a
63	63	private or independent institution of higher education, an officer
64	64	or employee of an institution of higher education or a private or
65	65	independent institution of higher education, a peace officer, or a
66	66	qualified handgun instructor for any damage caused by the actions
67	67	of an applicant or license holder under this subchapter.
68	68	(d) The immunities granted under Subsections (a), (b), and
69	69	(c) do not apply to an act or a failure to act by the state, an
70	70	agency or subdivision of the state, an officer of the state, an
71	71	institution of higher education or a private or independent
72	72	institution of higher education, an officer or employee of an
73	73	institution of higher education or a private or independent
74	74	institution of higher education, or a peace officer if the act or
75	75	failure to act was capricious or arbitrary.
76	76	(e) For purposes of this section, "institution of higher
77	77	education" and "private or independent institution of higher
78	78	education" have the meanings assigned by Section 411.2031.
79	79	SECTION 3. Section 46.03, Penal Code, is amended by
80	80	amending Subsections (a) and (c) and adding Subsection (j) to read
81	81	as follows:
82	82	(a) A person commits an offense if the person intentionally,
83	83	knowingly, or recklessly possesses or goes with a firearm, illegal
84	84	knife, club, or prohibited weapon listed in Section 46.05(a):
85	85	(1) on the physical premises of a school or
86	86	educational institution, any grounds or building on which an
87	87	activity sponsored by a school or educational institution is being
88	88	conducted, or a passenger transportation vehicle of a school or
89	89	educational institution, whether the school or educational
90	90	institution is public or private, unless:
91	91	(A) pursuant to written regulations or written
92	92	authorization of the institution; or
93	93	(B) the person possesses or goes on the physical
94	94	premises of an institution of higher education or private or
95	95	independent institution of higher education, or on any grounds or
96	96	building on which an activity sponsored by the institution is being
97	97	conducted, with a concealed handgun that the person is licensed to
98	98	carry under Subchapter H, Chapter 411, Government Code;
99	99	(2) on the premises of a polling place on the day of an
100	100	election or while early voting is in progress;
101	101	(3) on the premises of any government court or offices
102	102	utilized by the court, unless pursuant to written regulations or
103	103	written authorization of the court;
104	104	(4) on the premises of a racetrack;
105	105	(5) in or into a secured area of an airport; or
106	106	(6) within 1,000 feet of premises the location of
107	107	which is designated by the Texas Department of Criminal Justice as a
108	108	place of execution under Article 43.19, Code of Criminal Procedure,
109	109	on a day that a sentence of death is set to be imposed on the
110	110	designated premises and the person received notice that:
111	111	(A) going within 1,000 feet of the premises with
112	112	a weapon listed under this subsection was prohibited; or
113	113	(B) possessing a weapon listed under this
114	114	subsection within 1,000 feet of the premises was prohibited.
115	115	(c) In this section:
116	116	(1) "Institution of higher education" and "private or
117	117	independent institution of higher education" have the meanings
118	118	assigned by Section 61.003, Education Code.
119	119	(2) "Premises" has the meaning assigned by Section
120	120	46.035.
121	121	(3) [(2)] "Secured area" means an area of an airport
122	122	terminal building to which access is controlled by the inspection
123	123	of persons and property under federal law.
124	124	(j) Subsection (a)(1)(B) does not permit a person to possess
125	125	a concealed handgun, or go with a concealed handgun, on the premises
126	126	of a hospital maintained or operated by an institution of higher
127	127	education.
128	128	SECTION 4. Section 46.035, Penal Code, is amended by adding
129	129	Subsection (k) to read as follows:
130	130	(k) Subsection (b)(2) does not apply on the premises where a
131	131	collegiate sporting event is taking place if the actor was not given
132	132	effective notice under Section 30.06.
133	133	SECTION 5. Subdivision (1), Subsection (c), Section 46.11,
134	134	Penal Code, is amended to read as follows:
135	135	(1) "Premises" has the meaning ["Institution of higher
136	136	education" and "premises" have the meanings] assigned by Section
137	137	481.134, Health and Safety Code.
138	138	SECTION 6. Section 411.208, Government Code, as amended by
139	139	this Act, applies only to a cause of action that accrues on or after
140	140	September 1, 2010. A cause of action that accrued before that date
141	141	is governed by the law in effect immediately before that date, and
142	142	that law is continued in effect for that purpose.
143	143	SECTION 7. Subsections (a) and (c), Section 46.03, Penal
144	144	Code, as amended by this Act, and Subsection (k), Section 46.035,
145	145	Penal Code, as added by this Act, apply only to an offense committed
146	146	on or after September 1, 2010. An offense committed before
147	147	September 1, 2010, is covered by the law in effect when the offense
148	148	was committed, and the former law is continued in effect for that
149	149	purpose. For purposes of this section, an offense was committed
150	150	before September 1, 2010, if any element of the offense occurred
151	151	before that date.
152	152	SECTION 8. This Act takes effect September 1, 2009.