83R5712 MAW-D
By: Creighton H.B. No. 1313
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 CERTAIN CAMPUSES. (a) For purposes of this section:
(1) "Campus" means all land and buildings owned or
leased by an institution of higher education.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(3) "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).
(4) "Premises" has the meaning assigned by Section
46.035, Penal Code.
(b) Except as provided by Subsection (c), an institution of
higher education in this state may not adopt any rule, regulation,
or other provision prohibiting license holders from carrying
handguns on the campus of the institution.
(c) An institution of higher education in this state may
establish rules, regulations, or other provisions concerning the
storage of handguns in dormitories 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, an officer or employee of an 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, an
officer or employee of an 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 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, an officer or employee of an
institution of higher education, or a peace officer if the act or
failure to act was capricious or arbitrary.
(f) For purposes of this section, "institution of higher
education" has the meaning 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 possesses or goes on the premises
of an institution of higher education, on any grounds or building
owned or leased by the institution and on which an activity
sponsored by the institution is being conducted, or on a passenger
transportation vehicle of the institution with a concealed handgun
that the person is licensed to carry pursuant to a license issued
under Subchapter H, Chapter 411, Government Code;
(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, Penal Code, is amended by adding
Subsection (l) to read as follows:
(l) Subsection (b)(2) does not apply on premises owned or
leased by an institution of higher education as defined by Section
61.003, Education Code, and where a collegiate sporting event
sponsored by the institution is taking place if the actor was not
given effective notice under Section 30.06.
SECTION 5. 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 6. 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 governed by the law in effect on the
date 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 7. This Act takes effect September 1, 2013.