Texas 2011 - 82nd Regular

Texas House Bill HB2178 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R24081 JSC-D
2	2	By: Driver H.B. No. 2178
3	3	Substitute the following for H.B. No. 2178:
4	4	By: Driver C.S.H.B. No. 2178
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 the campuses of
10	10	and certain other locations associated with 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 411.2032 to read as follows:
15	15	Sec. 411.2032. CARRYING OF HANDGUNS BY LICENSE HOLDERS IN
16	16	PRIVATE VEHICLES ON CERTAIN CAMPUSES. (a) For purposes of this
17	17	section:
18	18	(1) "Campus" means all land and buildings owned or
19	19	leased by an institution of higher education or private or
20	20	independent institution of higher education.
21	21	(2) "Institution of higher education" and "private or
22	22	independent institution of higher education" have the meanings
23	23	assigned by Section 61.003, Education Code.
24	24	(b) An institution of higher education or private or
25	25	independent institution of higher education in this state may not
26	26	adopt any rule, regulation, or other provision prohibiting a person
27	27	who holds a license to carry a concealed handgun under Subchapter H,
28	28	Chapter 411, Government Code, from transporting or storing a
29	29	handgun of the same category the person is licensed to carry in a
30	30	locked, privately owned motor vehicle or a motor vehicle leased by
31	31	the person:
32	32	(1) on a street or driveway located on the campus of
33	33	the institution; or
34	34	(2) in a parking lot, parking garage, or other parking
35	35	area located on the campus of the institution.
36	36	SECTION 2. Sections 46.03(a) and (c), Penal Code, are
37	37	amended to read as follows:
38	38	(a) A person commits an offense if the person intentionally,
39	39	knowingly, or recklessly possesses or goes with a firearm, illegal
40	40	knife, club, or prohibited weapon listed in Section 46.05(a):
41	41	(1) on the [physical] premises of a school or
42	42	[educational] institution of higher education or private or
43	43	independent institution of higher education, any grounds or
44	44	building on which an activity sponsored by a school or
45	45	[educational] institution of higher education or private or
46	46	independent institution of higher education is being conducted, or
47	47	a passenger transportation vehicle of a school or [educational]
48	48	institution of higher education or private or independent
49	49	institution of higher education, whether the school or
50	50	[educational] institution is public or private, unless:
51	51	(A) pursuant to written regulations or written
52	52	authorization of the institution; or
53	53	(B) the person possesses or goes with a concealed
54	54	handgun that the person is licensed to carry under Subchapter H,
55	55	Chapter 411, Government Code, and no other weapon to which this
56	56	subsection applies, on the premises of an institution of higher
57	57	education or private or independent institution of higher
58	58	education, on any grounds or building on which an activity
59	59	sponsored by the institution is being conducted, or in a passenger
60	60	transportation vehicle of the institution;
61	61	(2) on the premises of a polling place on the day of an
62	62	election or while early voting is in progress;
63	63	(3) on the premises of any government court or offices
64	64	utilized by the court, unless pursuant to written regulations or
65	65	written authorization of the court;
66	66	(4) on the premises of a racetrack;
67	67	(5) in or into a secured area of an airport; or
68	68	(6) within 1,000 feet of premises the location of
69	69	which is designated by the Texas Department of Criminal Justice as a
70	70	place of execution under Article 43.19, Code of Criminal Procedure,
71	71	on a day that a sentence of death is set to be imposed on the
72	72	designated premises and the person received notice that:
73	73	(A) going within 1,000 feet of the premises with
74	74	a weapon listed under this subsection was prohibited; or
75	75	(B) possessing a weapon listed under this
76	76	subsection within 1,000 feet of the premises was prohibited.
77	77	(c) In this section:
78	78	(1) "Institution of higher education" and "private or
79	79	independent institution of higher education" have the meanings
80	80	assigned by Section 61.003, Education Code.
81	81	(2) [(1)] "Premises" has the meaning assigned by
82	82	Section 46.035.
83	83	(3) [(2)] "Secured area" means an area of an airport
84	84	terminal building to which access is controlled by the inspection
85	85	of persons and property under federal law.
86	86	SECTION 3. Section 46.035, Penal Code, is amended by adding
87	87	Subsection (l) to read as follows:
88	88	(l) Subsection (b)(2) does not apply on the premises where a
89	89	collegiate sporting event is taking place if the actor was not given
90	90	effective notice under Section 30.06.
91	91	SECTION 4. Sections 46.03(a) and (c), Penal Code, as
92	92	amended by this Act, and Section 46.035(l), Penal Code, as added by
93	93	this Act, apply only to an offense committed on or after the
94	94	effective date of this Act. An offense committed before the
95	95	effective date of this Act is covered by the law in effect when the
96	96	offense was committed, and the former law is continued in effect for
97	97	that purpose. For purposes of this section, an offense was
98	98	committed before the effective date of this Act if any element of
99	99	the offense occurred before that date.
100	100	SECTION 5. This Act takes effect September 1, 2011.