Texas 2011 - 82nd Regular

Texas Senate Bill SB354 Compare Versions

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1	1	By: Wentworth, et al. S.B. No. 354
2	2	(In the Senate - Filed January 13, 2011; February 2, 2011,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	April 5, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 4, Nays 2; April 5, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 354 By: Whitmire
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the carrying of concealed handguns on the campuses of
13	13	and certain other locations associated with institutions of higher
14	14	education.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subchapter H, Chapter 411, Government Code, is
17	17	amended by adding Section 411.2031 to read as follows:
18	18	Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
19	19	CERTAIN CAMPUSES. (a) For purposes of this section:
20	20	(1) "Campus" means all land and buildings owned or
21	21	leased by an institution of higher education or private or
22	22	independent institution of higher education.
23	23	(2) "Institution of higher education" and "private or
24	24	independent institution of higher education" have the meanings
25	25	assigned by Section 61.003, Education Code.
26	26	(3) "Premises" has the meaning assigned by Section
27	27	46.035, Penal Code.
28	28	(b) A license holder may carry a concealed handgun on or
29	29	about the license holder's person while the license holder is on the
30	30	campus of an institution of higher education or private or
31	31	independent institution of higher education in this state.
32	32	(c) Except as provided by Subsection (e), an institution of
33	33	higher education or private or independent institution of higher
34	34	education in this state may not adopt any rule, regulation, or other
35	35	provision prohibiting license holders from carrying handguns on the
36	36	campus of the institution.
37	37	(d) An institution of higher education or private or
38	38	independent institution of higher education in this state may
39	39	establish rules, regulations, or other provisions concerning the
40	40	storage of handguns in dormitories that are owned or operated by the
41	41	institution and located on the campus of the institution.
42	42	(e) A private or independent institution of higher
43	43	education in this state, after consulting with students, staff, and
44	44	faculty of the institution, may establish rules, regulations, or
45	45	other provisions prohibiting license holders from carrying
46	46	handguns on premises that are owned or operated by the institution
47	47	and located on the campus of the institution.
48	48	(f) This section does not permit a license holder to carry a
49	49	concealed handgun on or about the premises of a hospital maintained
50	50	or operated by an institution of higher education. In this
51	51	subsection, "hospital" has the meaning assigned by Section 241.003,
52	52	Health and Safety Code.
53	53	SECTION 2. Section 411.208, Government Code, is amended by
54	54	amending Subsections (a), (b), and (d) and adding Subsection (f) to
55	55	read as follows:
56	56	(a) A court may not hold the state, an agency or subdivision
57	57	of the state, an officer or employee of the state, an institution of
58	58	higher education, an officer or employee of an institution of
59	59	higher education, a private or independent institution of higher
60	60	education that has not adopted rules under Section 411.2031(e), an
61	61	officer or employee of a private or independent institution of
62	62	higher education that has not adopted rules under Section
63	63	411.2031(e), a peace officer, or a qualified handgun instructor
64	64	liable for damages caused by:
65	65	(1) an action authorized under this subchapter or a
66	66	failure to perform a duty imposed by this subchapter; or
67	67	(2) the actions of an applicant or license holder that
68	68	occur after the applicant has received a license or been denied a
69	69	license under this subchapter.
70	70	(b) A cause of action in damages may not be brought against
71	71	the state, an agency or subdivision of the state, an officer or
72	72	employee of the state, an institution of higher education, an
73	73	officer or employee of an institution of higher education, a
74	74	private or independent institution of higher education that has not
75	75	adopted rules under Section 411.2031(e), an officer or employee of
76	76	a private or independent institution of higher education that has
77	77	not adopted rules under Section 411.2031(e), a peace officer, or a
78	78	qualified handgun instructor for any damage caused by the actions
79	79	of an applicant or license holder under this subchapter.
80	80	(d) The immunities granted under Subsections (a), (b), and
81	81	(c) do not apply to an act or a failure to act by the state, an
82	82	agency or subdivision of the state, an officer of the state, an
83	83	institution of higher education, an officer or employee of an
84	84	institution of higher education, a private or independent
85	85	institution of higher education that has not adopted rules under
86	86	Section 411.2031(e), an officer or employee of a private or
87	87	independent institution of higher education that has not adopted
88	88	rules under Section 411.2031(e), or a peace officer if the act or
89	89	failure to act was capricious or arbitrary.
90	90	(f) For purposes of this section, "institution of higher
91	91	education" and "private or independent institution of higher
92	92	education" have the meanings assigned by Section 61.003, Education
93	93	Code.
94	94	SECTION 3. Section 46.03, Penal Code, is amended by
95	95	amending Subsections (a) and (c) and adding Subsection (j), to read
96	96	as follows:
97	97	(a) A person commits an offense if the person intentionally,
98	98	knowingly, or recklessly possesses or goes with a firearm, illegal
99	99	knife, club, or prohibited weapon listed in Section 46.05(a):
100	100	(1) on the physical premises of a school or
101	101	educational institution, any grounds or building on which an
102	102	activity sponsored by a school or educational institution is being
103	103	conducted, or a passenger transportation vehicle of a school or
104	104	educational institution, whether the school or educational
105	105	institution is public or private, unless:
106	106	(A) pursuant to written regulations or written
107	107	authorization of the institution; or
108	108	(B) the person possesses or goes with a concealed
109	109	handgun that the person is licensed to carry under Subchapter H,
110	110	Chapter 411, Government Code, on the physical premises of an
111	111	institution of higher education or private or independent
112	112	institution of higher education, on any grounds or building on
113	113	which an activity sponsored by the institution is being conducted,
114	114	or in a passenger transportation vehicle of the institution;
115	115	(2) on the premises of a polling place on the day of an
116	116	election or while early voting is in progress;
117	117	(3) on the premises of any government court or offices
118	118	utilized by the court, unless pursuant to written regulations or
119	119	written authorization of the court;
120	120	(4) on the premises of a racetrack;
121	121	(5) in or into a secured area of an airport; or
122	122	(6) within 1,000 feet of premises the location of
123	123	which is designated by the Texas Department of Criminal Justice as a
124	124	place of execution under Article 43.19, Code of Criminal Procedure,
125	125	on a day that a sentence of death is set to be imposed on the
126	126	designated premises and the person received notice that:
127	127	(A) going within 1,000 feet of the premises with
128	128	a weapon listed under this subsection was prohibited; or
129	129	(B) possessing a weapon listed under this
130	130	subsection within 1,000 feet of the premises was prohibited.
131	131	(c) In this section:
132	132	(1) "Institution of higher education" and "private or
133	133	independent institution of higher education" have the meanings
134	134	assigned by Section 61.003, Education Code.
135	135	(2) [(1)] "Premises" has the meaning assigned by
136	136	Section 46.035.
137	137	(3) [(2)] "Secured area" means an area of an airport
138	138	terminal building to which access is controlled by the inspection
139	139	of persons and property under federal law.
140	140	(j) Subsection (a)(1)(B) does not permit a person to possess
141	141	a concealed handgun, or go with a concealed handgun, on the premises
142	142	of a hospital maintained or operated by an institution of higher
143	143	education. In this subsection, "hospital" has the meaning assigned
144	144	by Section 241.003, Health and Safety Code.
145	145	SECTION 4. Section 46.035, Penal Code, is amended by adding
146	146	Subsection (l) to read as follows:
147	147	(l) Subsection (b)(2) does not apply on the premises where a
148	148	collegiate sporting event is taking place if the actor was not given
149	149	effective notice under Section 30.06.
150	150	SECTION 5. Subdivision (1), Subsection (c), Section 46.11,
151	151	Penal Code, is amended to read as follows:
152	152	(1) "Premises" has the meaning ["Institution of higher
153	153	education" and "premises" have the meanings] assigned by Section
154	154	481.134, Health and Safety Code.
155	155	SECTION 6. Section 411.208, Government Code, as amended by
156	156	this Act, applies only to a cause of action that accrues on or after
157	157	September 1, 2012. A cause of action that accrued before that date
158	158	is governed by the law in effect immediately before the effective
159	159	date of this Act, and that law is continued in effect for that
160	160	purpose.
161	161	SECTION 7. Subsections (a) and (c), Section 46.03, Penal
162	162	Code, as amended by this Act, and Subsection (l), Section 46.035,
163	163	Penal Code, as added by this Act, apply only to an offense committed
164	164	on or after September 1, 2012. An offense committed before
165	165	September 1, 2012, is governed by the law in effect when the offense
166	166	was committed, and the former law is continued in effect for that
167	167	purpose. For purposes of this section, an offense was committed
168	168	before September 1, 2012, if any element of the offense occurred
169	169	before that date.
170	170	SECTION 8. This Act takes effect September 1, 2011.
171	171	* * * * *