Texas 2011 - 82nd Regular

Texas House Bill HB1167 Compare Versions

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1	1	82R4022 JSC-D
2	2	By: Taylor of Collin, et al. H.B. No. 1167
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying of concealed handguns on certain premises
8	8	of or locations associated with schools or public junior colleges
9	9	and public technical institutes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter H, Chapter 411, Government Code, is
12	12	amended by adding Section 411.2031 to read as follows:
13	13	Sec. 411.2031. CARRYING OF HANDGUNS BY CERTAIN LICENSE
14	14	HOLDERS ON CAMPUSES. (a) For purposes of this section:
15	15	(1) "License holder" means a person to whom a license
16	16	to carry a concealed handgun has been issued under this subchapter,
17	17	including a nonresident license issued under Section 411.173(a).
18	18	The term does not include a person to whom a license to carry a
19	19	concealed handgun has been issued by another state, regardless of
20	20	whether a license issued by that state is recognized pursuant to an
21	21	agreement negotiated by the governor under Section 411.173(b).
22	22	(2) "Public junior college" and "public technical
23	23	institute" have the meanings assigned by Section 61.003, Education
24	24	Code.
25	25	(b) A public junior college or public technical institute in
26	26	this state may not adopt any rule, regulation, or other provision
27	27	prohibiting license holders from carrying handguns on the campus of
28	28	the college or institute.
29	29	SECTION 2. Section 411.208, Government Code, is amended by
30	30	amending Subsections (a), (b), and (d) and adding Subsection (f) to
31	31	read as follows:
32	32	(a) A court may not hold the state, an agency or subdivision
33	33	of the state, an officer or employee of the state, a public junior
34	34	college or public technical institute, an officer or employee of a
35	35	public junior college or public technical institute, a peace
36	36	officer, or a qualified handgun instructor liable for damages
37	37	caused by:
38	38	(1) an action authorized under this subchapter or a
39	39	failure to perform a duty imposed by this subchapter; or
40	40	(2) the actions of an applicant or license holder that
41	41	occur after the applicant has received a license or been denied a
42	42	license under this subchapter.
43	43	(b) A cause of action in damages may not be brought against
44	44	the state, an agency or subdivision of the state, an officer or
45	45	employee of the state, a public junior college or public technical
46	46	institute, an officer or employee of a public junior college or
47	47	public technical institute, a peace officer, or a qualified handgun
48	48	instructor for any damage caused by the actions of an applicant or
49	49	license holder under this subchapter.
50	50	(d) The immunities granted under Subsections (a), (b), and
51	51	(c) do not apply to an act or a failure to act by the state, an
52	52	agency or subdivision of the state, an officer of the state, a
53	53	public junior college or public technical institute, an officer or
54	54	employee of a public junior college or public technical institute,
55	55	or a peace officer if the act or failure to act was capricious or
56	56	arbitrary.
57	57	(f) For purposes of this section, "public junior college"
58	58	and "public technical institute" have the meanings assigned by
59	59	Section 411.2031.
60	60	SECTION 3. Sections 46.03(a) and (c), Penal Code, are
61	61	amended to read as follows:
62	62	(a) A person commits an offense if the person intentionally,
63	63	knowingly, or recklessly possesses or goes with a firearm, illegal
64	64	knife, club, or prohibited weapon listed in Section 46.05(a):
65	65	(1) on the [physical] premises of a school or
66	66	[educational] institution of higher education or private or
67	67	independent institution of higher education, any grounds or
68	68	building on which an activity sponsored by a school or
69	69	[educational] institution of higher education or private or
70	70	independent institution of higher education is being conducted, or
71	71	a passenger transportation vehicle of a school or [educational]
72	72	institution of higher education or private or independent
73	73	institution of higher education, whether the school or
74	74	[educational] institution is public or private, unless:
75	75	(A) pursuant to written regulations or written
76	76	authorization of the school or institution; or
77	77	(B) the person possesses or goes on the premises
78	78	of a public junior college or public technical institute, or on any
79	79	grounds or building on which an activity sponsored by the college or
80	80	institute is being conducted, with a concealed handgun that the
81	81	person is licensed to carry pursuant to a license issued under
82	82	Subchapter H, Chapter 411, Government Code;
83	83	(2) on the premises of a polling place on the day of an
84	84	election or while early voting is in progress;
85	85	(3) on the premises of any government court or offices
86	86	utilized by the court, unless pursuant to written regulations or
87	87	written authorization of the court;
88	88	(4) on the premises of a racetrack;
89	89	(5) in or into a secured area of an airport; or
90	90	(6) within 1,000 feet of premises the location of
91	91	which is designated by the Texas Department of Criminal Justice as a
92	92	place of execution under Article 43.19, Code of Criminal Procedure,
93	93	on a day that a sentence of death is set to be imposed on the
94	94	designated premises and the person received notice that:
95	95	(A) going within 1,000 feet of the premises with
96	96	a weapon listed under this subsection was prohibited; or
97	97	(B) possessing a weapon listed under this
98	98	subsection within 1,000 feet of the premises was prohibited.
99	99	(c) In this section:
100	100	(1) "Institution of higher education" and "private or
101	101	independent institution of higher education" have the meanings
102	102	assigned by Section 61.003, Education Code.
103	103	(2) [(1)] "Premises" has the meaning assigned by
104	104	Section 46.035.
105	105	(3) "Public junior college" and "public technical
106	106	institute" have the meanings assigned by Section 61.003, Education
107	107	Code.
108	108	(4) [(2)] "Secured area" means an area of an airport
109	109	terminal building to which access is controlled by the inspection
110	110	of persons and property under federal law.
111	111	SECTION 4. Section 46.035(i), Penal Code, is amended to
112	112	read as follows:
113	113	(i) Subsections (b)(2), (b)(4), (b)(5), (b)(6), and (c) do
114	114	not apply if the actor was not given effective notice under Section
115	115	30.06.
116	116	SECTION 5. Section 46.11(c)(1), Penal Code, is amended to
117	117	read as follows:
118	118	(1) "Premises" has the meaning ["Institution of higher
119	119	education" and "premises" have the meanings] assigned by Section
120	120	481.134, Health and Safety Code.
121	121	SECTION 6. Section 411.208, Government Code, as amended by
122	122	this Act, applies only to a cause of action that accrues on or after
123	123	the effective date of this Act. A cause of action that accrued
124	124	before the effective date of this Act is governed by the law in
125	125	effect immediately before the effective date of this Act, and the
126	126	former law is continued in effect for that purpose.
127	127	SECTION 7. Sections 46.03 and 46.035, Penal Code, as
128	128	amended by this Act, apply only to an offense committed on or after
129	129	the effective date of this Act. An offense committed before the
130	130	effective date of this Act is covered by the law in effect when the
131	131	offense was committed, and the former law is continued in effect for
132	132	that purpose. For purposes of this section, an offense was
133	133	committed before the effective date of this Act if any element of
134	134	the offense occurred before that date.
135	135	SECTION 8. This Act takes effect September 1, 2011.