Texas 2011 - 82nd Regular

Texas House Bill HB750 Compare Versions

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1	1	82R5564 JSC-D
2	2	By: Driver, Miller of Erath, et al. H.B. No. 750
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 institutions of higher
9	9	education.
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) "Institution of higher education" and "private or
16	16	independent institution of higher education" have the meanings
17	17	assigned by Section 61.003, Education Code.
18	18	(2) "License holder" means a person to whom a license
19	19	to carry a concealed handgun has been issued under this subchapter,
20	20	including a nonresident license issued under Section 411.173(a).
21	21	The term does not include a person to whom a license to carry a
22	22	concealed handgun has been issued by another state, regardless of
23	23	whether a license issued by that state is recognized pursuant to an
24	24	agreement negotiated by the governor under Section 411.173(b).
25	25	(3) "Premises" has the meaning assigned by Section
26	26	46.035, Penal Code.
27	27	(b) Except as provided by Subsection (c) or (d), an
28	28	institution of higher education or private or independent
29	29	institution of higher education in this state may not adopt any
30	30	rule, regulation, or other provision prohibiting license holders
31	31	from carrying handguns on the campus of the institution.
32	32	(c) A private or independent institution of higher
33	33	education in this state may, after consulting with students, staff,
34	34	and faculty of the institution, adopt rules, regulations, or other
35	35	provisions prohibiting license holders from carrying handguns on
36	36	premises that are owned or operated by the institution and located
37	37	on the campus of the institution.
38	38	(d) An institution of higher education or private or
39	39	independent institution of higher education in this state may
40	40	establish rules, regulations, or other provisions concerning the
41	41	storage of handguns in dormitories that are owned or operated by the
42	42	institution and located on the campus of the institution.
43	43	SECTION 2. Section 411.208, Government Code, is amended by
44	44	amending Subsections (a), (b), and (d) and adding Subsection (f) to
45	45	read as follows:
46	46	(a) A court may not hold the state, an agency or subdivision
47	47	of the state, an officer or employee of the state, an institution of
48	48	higher education, an officer or employee of an institution of
49	49	higher education, a private or independent institution of higher
50	50	education that has not adopted rules under Section 411.2031(c), an
51	51	officer or employee of a private or independent institution of
52	52	higher education that has not adopted rules under Section
53	53	411.2031(c), 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, an
63	63	officer or employee of an institution of higher education, a
64	64	private or independent institution of higher education that has not
65	65	adopted rules under Section 411.2031(c), an officer or employee of
66	66	a private or independent institution of higher education that has
67	67	not adopted rules under Section 411.2031(c), a peace officer, or a
68	68	qualified handgun instructor for any damage caused by the actions
69	69	of an applicant or license holder under this subchapter.
70	70	(d) The immunities granted under Subsections (a), (b), and
71	71	(c) do not apply to an act or a failure to act by the state, an
72	72	agency or subdivision of the state, an officer of the state, an
73	73	institution of higher education, an officer or employee of an
74	74	institution of higher education, a private or independent
75	75	institution of higher education that has not adopted rules under
76	76	Section 411.2031(c), an officer or employee of a private or
77	77	independent institution of higher education that has not adopted
78	78	rules under Section 411.2031(c), or a peace officer if the act or
79	79	failure to act was capricious or arbitrary.
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 possesses or goes on the premises
101	101	of an institution of higher education or private or independent
102	102	institution of higher education, or on any grounds or building on
103	103	which an activity sponsored by the institution is being conducted,
104	104	with a concealed handgun that the person is licensed to carry
105	105	pursuant to a license issued under Subchapter H, Chapter 411,
106	106	Government Code;
107	107	(2) on the premises of a polling place on the day of an
108	108	election or while early voting is in progress;
109	109	(3) on the premises of any government court or offices
110	110	utilized by the court, unless pursuant to written regulations or
111	111	written authorization of the court;
112	112	(4) on the premises of a racetrack;
113	113	(5) in or into a secured area of an airport; or
114	114	(6) within 1,000 feet of premises the location of
115	115	which is designated by the Texas Department of Criminal Justice as a
116	116	place of execution under Article 43.19, Code of Criminal Procedure,
117	117	on a day that a sentence of death is set to be imposed on the
118	118	designated premises and the person received notice that:
119	119	(A) going within 1,000 feet of the premises with
120	120	a weapon listed under this subsection was prohibited; or
121	121	(B) possessing a weapon listed under this
122	122	subsection within 1,000 feet of the premises was prohibited.
123	123	(c) In this section:
124	124	(1) "Institution of higher education" and "private or
125	125	independent institution of higher education" have the meanings
126	126	assigned by Section 61.003, Education Code.
127	127	(2) [(1)] "Premises" has the meaning assigned by
128	128	Section 46.035.
129	129	(3) [(2)] "Secured area" means an area of an airport
130	130	terminal building to which access is controlled by the inspection
131	131	of persons and property under federal law.
132	132	SECTION 4. Section 46.035(i), Penal Code, is amended to
133	133	read as follows:
134	134	(i) Subsections (b)(2), (b)(4), (b)(5), (b)(6), and (c) do
135	135	not apply if the actor was not given effective notice under Section
136	136	30.06.
137	137	SECTION 5. Section 46.11(c)(1), Penal Code, is amended to
138	138	read as follows:
139	139	(1) "Premises" has the meaning ["Institution of higher
140	140	education" and "premises" have the meanings] assigned by Section
141	141	481.134, Health and Safety Code.
142	142	SECTION 6. Section 411.208, Government Code, as amended by
143	143	this Act, applies only to a cause of action that accrues on or after
144	144	the effective date of this Act. A cause of action that accrued
145	145	before the effective date of this Act is governed by the law in
146	146	effect immediately before the effective date of this Act, and the
147	147	former law is continued in effect for that purpose.
148	148	SECTION 7. Sections 46.03 and 46.035, Penal Code, as
149	149	amended by this Act, apply only to an offense committed on or after
150	150	the effective date of this Act. An offense committed before the
151	151	effective date of this Act is covered by the law in effect when the
152	152	offense was committed, and the former law is continued in effect for
153	153	that purpose. For purposes of this section, an offense was
154	154	committed before the effective date of this Act if any element of
155	155	the offense occurred before that date.
156	156	SECTION 8. This Act takes effect September 1, 2011.