Texas 2011 - 82nd Regular

Texas House Bill HB1356 Compare Versions

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1	1	82R9681 JSC-D
2	2	By: Gooden H.B. No. 1356
3	3	Substitute the following for H.B. No. 1356:
4	4	By: Pena C.S.H.B. No. 1356
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the carrying of concealed handguns on certain premises
10	10	of or locations associated with schools or institutions of higher
11	11	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 CERTAIN LICENSE
16	16	HOLDERS ON CAMPUSES. (a) For purposes of this section:
17	17	(1) "Institution of higher education" and "private or
18	18	independent institution of higher education" have the meanings
19	19	assigned by Section 61.003, Education Code.
20	20	(2) "License holder" means a person to whom a license
21	21	to carry a concealed handgun has been issued under this subchapter,
22	22	including a nonresident license issued under Section 411.173(a).
23	23	The term does not include a person to whom a license to carry a
24	24	concealed handgun has been issued by another state, regardless of
25	25	whether a license issued by that state is recognized pursuant to an
26	26	agreement negotiated by the governor under Section 411.173(b).
27	27	(3) "Premises" has the meaning assigned by Section
28	28	46.035, Penal Code.
29	29	(b) Except as provided by Subsection (c), an institution of
30	30	higher education or private or independent institution of higher
31	31	education in this state may not adopt any rule, regulation, or other
32	32	provision prohibiting a license holder who is a faculty member,
33	33	staff member, or employee of the institution from carrying a
34	34	handgun on the campus of the institution.
35	35	(c) 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, adopt rules, regulations, or other
38	38	provisions prohibiting a license holder who is a faculty member,
39	39	staff member, or employee of the institution from carrying a
40	40	handgun on premises that are owned or operated by the institution
41	41	and located on the campus of the institution.
42	42	SECTION 2. Section 411.208, Government Code, is amended by
43	43	amending Subsections (a), (b), and (d) and adding Subsection (f) to
44	44	read as follows:
45	45	(a) A court may not hold the state, an agency or subdivision
46	46	of the state, an officer or employee of the state, an institution of
47	47	higher education or a private or independent institution of higher
48	48	education, an officer or employee of an institution of higher
49	49	education or a private or independent institution of higher
50	50	education, a peace officer, or a qualified handgun instructor
51	51	liable for damages caused by:
52	52	(1) an action authorized under this subchapter or a
53	53	failure to perform a duty imposed by this subchapter; or
54	54	(2) the actions of an applicant or license holder that
55	55	occur after the applicant has received a license or been denied a
56	56	license under this subchapter.
57	57	(b) A cause of action in damages may not be brought against
58	58	the state, an agency or subdivision of the state, an officer or
59	59	employee of the state, an institution of higher education or a
60	60	private or independent institution of higher education, an officer
61	61	or employee of an institution of higher education or a private or
62	62	independent institution of higher education, a peace officer, or a
63	63	qualified handgun instructor for any damage caused by the actions
64	64	of an applicant or license holder under this subchapter.
65	65	(d) The immunities granted under Subsections (a), (b), and
66	66	(c) do not apply to:
67	67	(1) an act or a failure to act by the state, an agency
68	68	or subdivision of the state, an officer of the state, an institution
69	69	of higher education or a private or independent institution of
70	70	higher education, an officer or employee of an institution of
71	71	higher education or a private or independent institution of higher
72	72	education, or a peace officer if the act or failure to act was
73	73	capricious or arbitrary; or
74	74	(2) personal liability of a person who is a faculty
75	75	member, staff member, or employee of an institution of higher
76	76	education or a private or independent institution of higher
77	77	education arising from the person's unlawful or unjustified use of
78	78	a firearm while on the campus of the institution of higher education
79	79	or private or independent institution of higher education.
80	80	(f) For purposes of this section, "institution of higher
81	81	education" and "private or independent institution of higher
82	82	education" have the meanings assigned by Section 411.2031.
83	83	SECTION 3. Sections 46.03(a) and (c), Penal Code, are
84	84	amended to read as follows:
85	85	(a) A person commits an offense if the person intentionally,
86	86	knowingly, or recklessly possesses or goes with a firearm, illegal
87	87	knife, club, or prohibited weapon listed in Section 46.05(a):
88	88	(1) on the [physical] premises of a school or
89	89	[educational] institution of higher education or private or
90	90	independent institution of higher education, any grounds or
91	91	building on which an activity sponsored by a school or
92	92	[educational] institution of higher education or private or
93	93	independent institution of higher education is being conducted, or
94	94	a passenger transportation vehicle of a school or [educational]
95	95	institution of higher education or private or independent
96	96	institution of higher education, whether the school or
97	97	[educational] institution is public or private, unless:
98	98	(A) pursuant to written regulations or written
99	99	authorization of the school or institution; or
100	100	(B) the person:
101	101	(i) possesses or goes on the premises of an
102	102	institution of higher education or private or independent
103	103	institution of higher education, or on any grounds or building on
104	104	which an activity sponsored by the institution is being conducted,
105	105	with a concealed handgun that the person is licensed to carry
106	106	pursuant to a license issued under Subchapter H, Chapter 411,
107	107	Government Code; and
108	108	(ii) is a faculty member, staff member, or
109	109	employee of that institution;
110	110	(2) on the premises of a polling place on the day of an
111	111	election or while early voting is in progress;
112	112	(3) on the premises of any government court or offices
113	113	utilized by the court, unless pursuant to written regulations or
114	114	written authorization of the court;
115	115	(4) on the premises of a racetrack;
116	116	(5) in or into a secured area of an airport; or
117	117	(6) within 1,000 feet of premises the location of
118	118	which is designated by the Texas Department of Criminal Justice as a
119	119	place of execution under Article 43.19, Code of Criminal Procedure,
120	120	on a day that a sentence of death is set to be imposed on the
121	121	designated premises and the person received notice that:
122	122	(A) going within 1,000 feet of the premises with
123	123	a weapon listed under this subsection was prohibited; or
124	124	(B) possessing a weapon listed under this
125	125	subsection within 1,000 feet of the premises was prohibited.
126	126	(c) In this section:
127	127	(1) "Institution of higher education" and "private or
128	128	independent institution of higher education" have the meanings
129	129	assigned by Section 61.003, Education Code.
130	130	(2) [(1)] "Premises" has the meaning assigned by
131	131	Section 46.035.
132	132	(3) [(2)] "Secured area" means an area of an airport
133	133	terminal building to which access is controlled by the inspection
134	134	of persons and property under federal law.
135	135	SECTION 4. Section 46.035(i), Penal Code, is amended to
136	136	read as follows:
137	137	(i) Subsections (b)(2), (b)(4), (b)(5), (b)(6), and (c) do
138	138	not apply if the actor was not given effective notice under Section
139	139	30.06.
140	140	SECTION 5. Section 46.11(c)(1), Penal Code, is amended to
141	141	read as follows:
142	142	(1) "Premises" has the meaning ["Institution of higher
143	143	education" and "premises" have the meanings] assigned by Section
144	144	481.134, Health and Safety Code.
145	145	SECTION 6. Section 411.208, Government Code, as amended by
146	146	this Act, applies only to a cause of action that accrues on or after
147	147	the effective date of this Act. A cause of action that accrued
148	148	before the effective date of this Act is governed by the law in
149	149	effect immediately before the effective date of this Act, and the
150	150	former law is continued in effect for that purpose.
151	151	SECTION 7. Sections 46.03 and 46.035, Penal Code, as
152	152	amended by this Act, apply only to an offense committed on or after
153	153	the effective date of this Act. An offense committed before the
154	154	effective date of this Act is covered by the law in effect when the
155	155	offense was committed, and the former law is continued in effect for
156	156	that purpose. For purposes of this section, an offense was
157	157	committed before the effective date of this Act if any element of
158	158	the offense occurred before that date.
159	159	SECTION 8. This Act takes effect September 1, 2011.