82R9681 JSC-D
By: Gooden H.B. No. 1356
Substitute the following for H.B. No. 1356:
By: Pena C.S.H.B. No. 1356
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of concealed handguns on certain premises
of or locations associated with schools or institutions of higher
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.2031 to read as follows:
Sec. 411.2031. CARRYING OF HANDGUNS BY CERTAIN LICENSE
HOLDERS ON CAMPUSES. (a) For purposes of this section:
(1) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(2) "License holder" means a person to whom a license
to carry a concealed handgun has been issued under this subchapter,
including a nonresident license issued under Section 411.173(a).
The term does not include a person to whom a license to carry a
concealed handgun has been issued by another state, regardless of
whether a license issued by that state is recognized pursuant to an
agreement negotiated by the governor under Section 411.173(b).
(3) "Premises" has the meaning assigned by Section
46.035, Penal Code.
(b) Except as provided by Subsection (c), an institution of
higher education or private or independent institution of higher
education in this state may not adopt any rule, regulation, or other
provision prohibiting a license holder who is a faculty member,
staff member, or employee of the institution from carrying a
handgun on the campus of the institution.
(c) A private or independent institution of higher
education in this state may, after consulting with students, staff,
and faculty of the institution, adopt rules, regulations, or other
provisions prohibiting a license holder who is a faculty member,
staff member, or employee of the institution from carrying a
handgun on premises that are owned or operated by the institution
and located on the campus of the institution.
SECTION 2. Section 411.208, Government Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsection (f) to
read as follows:
(a) A court may not hold the state, an agency or subdivision
of the state, an officer or employee of the state, an institution of
higher education or a private or independent institution of higher
education, an officer or employee of an institution of higher
education or a private or independent institution of higher
education, a peace officer, or a qualified handgun instructor
liable for damages caused by:
(1) an action authorized under this subchapter or a
failure to perform a duty imposed by this subchapter; or
(2) the actions of an applicant or license holder that
occur after the applicant has received a license or been denied a
license under this subchapter.
(b) A cause of action in damages may not be brought against
the state, an agency or subdivision of the state, an officer or
employee of the state, an institution of higher education or a
private or independent institution of higher education, an officer
or employee of an institution of higher education or a private or
independent institution of higher education, a peace officer, or a
qualified handgun instructor for any damage caused by the actions
of an applicant or license holder under this subchapter.
(d) The immunities granted under Subsections (a), (b), and
(c) do not apply to:
(1) an act or a failure to act by the state, an agency
or subdivision of the state, an officer of the state, an institution
of higher education or a private or independent institution of
higher education, an officer or employee of an institution of
higher education or a private or independent institution of higher
education, or a peace officer if the act or failure to act was
capricious or arbitrary; or
(2) personal liability of a person who is a faculty
member, staff member, or employee of an institution of higher
education or a private or independent institution of higher
education arising from the person's unlawful or unjustified use of
a firearm while on the campus of the institution of higher education
or private or independent institution of higher education.
(f) For purposes of this section, "institution of higher
education" and "private or independent institution of higher
education" have the meanings assigned by Section 411.2031.
SECTION 3. Sections 46.03(a) and (c), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm, illegal
knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the [physical] premises of a school or
[educational] institution of higher education or private or
independent institution of higher education, any grounds or
building on which an activity sponsored by a school or
[educational] institution of higher education or private or
independent institution of higher education is being conducted, or
a passenger transportation vehicle of a school or [educational]
institution of higher education or private or independent
institution of higher education, whether the school or
[educational] institution is public or private, unless:
(A) pursuant to written regulations or written
authorization of the school or institution; or
(B) the person:
(i) possesses or goes on the premises of an
institution of higher education or private or independent
institution of higher education, or on any grounds or building on
which an activity sponsored by the institution is being conducted,
with a concealed handgun that the person is licensed to carry
pursuant to a license issued under Subchapter H, Chapter 411,
Government Code; and
(ii) is a faculty member, staff member, or
employee of that institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
(c) In this section:
(1) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(2) [(1)] "Premises" has the meaning assigned by
Section 46.035.
(3) [(2)] "Secured area" means an area of an airport
terminal building to which access is controlled by the inspection
of persons and property under federal law.
SECTION 4. Section 46.035(i), Penal Code, is amended to
read as follows:
(i) Subsections (b)(2), (b)(4), (b)(5), (b)(6), and (c) do
not apply if the actor was not given effective notice under Section
30.06.
SECTION 5. Section 46.11(c)(1), Penal Code, is amended to
read as follows:
(1) "Premises" has the meaning ["Institution of higher
education" and "premises" have the meanings] assigned by Section
481.134, Health and Safety Code.
SECTION 6. Section 411.208, Government Code, as amended by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act. A cause of action that accrued
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 7. Sections 46.03 and 46.035, Penal Code, as
amended by this Act, apply only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 8. This Act takes effect September 1, 2011.