Texas 2013 - 83rd Regular

Texas House Bill HB972 Compare Versions

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1	1	By: Fletcher, et al. (Senate Sponsor - Birdwell) H.B. No. 972
2	2	(In the Senate - Received from the House May 7, 2013;
3	3	May 9, 2013, read first time and referred to Committee on Criminal
4	4	Justice; May 15, 2013, reported favorably by the following vote:
5	5	Yeas 4, Nays 3; May 15, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the carrying of concealed handguns on the premises of
11	11	and certain other locations associated with institutions of higher
12	12	education.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter H, Chapter 411, Government Code, is
15	15	amended by adding Section 411.2031 to read as follows:
16	16	Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
17	17	CERTAIN PREMISES OWNED OR LEASED BY INSTITUTION OF HIGHER
18	18	EDUCATION. (a) For purposes of this section:
19	19	(1) "Institution of higher education" and "private or
20	20	independent institution of higher education" have the meanings
21	21	assigned by Section 61.003, Education Code.
22	22	(2) "License holder" means a person to whom a license
23	23	to carry a concealed handgun has been issued under this subchapter,
24	24	including a nonresident license issued under Section 411.173(a).
25	25	The term does not include a person to whom a license to carry a
26	26	concealed handgun has been issued by another state, regardless of
27	27	whether a license issued by that state is recognized pursuant to an
28	28	agreement negotiated by the governor under Section 411.173(b).
29	29	(3) "Premises" has the meaning assigned by Section
30	30	46.035, Penal Code.
31	31	(b) The president or other chief executive officer of an
32	32	institution of higher education in this state, on behalf of the
33	33	institution, and after consulting with law enforcement, students,
34	34	staff, and faculty of the institution, may adopt written rules or
35	35	regulations prohibiting license holders from carrying handguns on
36	36	premises owned or leased and operated by the institution, on any
37	37	grounds or building owned or leased by the institution and on which
38	38	an activity sponsored by the institution is being conducted, or on a
39	39	passenger transportation vehicle of the institution. A written rule
40	40	or regulation adopted under this subsection may remain in effect
41	41	for not more than one year after the date of adoption and may be
42	42	renewed, reenacted, or reenacted and amended by the institution
43	43	only after consultation with students, staff, and faculty of the
44	44	institution.
45	45	(c) An institution of higher education that does not adopt a
46	46	rule or regulation under Subsection (b), or a private or
47	47	independent institution of higher education that does not adopt a
48	48	rule, regulation, or other provision or take any other action
49	49	described by Section 46.03(j), Penal Code, shall adopt written
50	50	rules or regulations concerning:
51	51	(1) the storage of handguns in dormitories or other
52	52	residential facilities that are owned or leased and operated by the
53	53	institution; and
54	54	(2) the carrying of concealed handguns by license
55	55	holders at collegiate sporting events or other official mass
56	56	gatherings that take place on grounds or buildings owned or leased
57	57	and operated by the institution.
58	58	(d) An institution of higher education or private or
59	59	independent institution of higher education in this state may not
60	60	adopt or enforce any rule, regulation, or other provision or take
61	61	any other action, including posting notice under Section 30.06,
62	62	Penal Code, prohibiting a student enrolled at that institution who
63	63	holds a license to carry a concealed handgun under Subchapter H,
64	64	Chapter 411, Government Code, from transporting or storing a
65	65	handgun of the same category the student is licensed to carry or
66	66	ammunition for that handgun in a locked, privately owned motor
67	67	vehicle or a motor vehicle leased by or for the student:
68	68	(1) on a street or driveway located on the campus of
69	69	the institution; or
70	70	(2) in a parking lot, parking garage, or other parking
71	71	area located on the campus of the institution.
72	72	(e) This section does not permit a person to possess a
73	73	concealed handgun, or go with a concealed handgun, on the premises
74	74	maintained or operated by an institution of higher education that
75	75	is used for the operation of a national biocontainment laboratory,
76	76	if the institution gives effective notice under Section 30.06,
77	77	Penal Code.
78	78	SECTION 2. Section 411.208, Government Code, is amended by
79	79	amending Subsections (a), (b), and (d) and adding Subsection (f) to
80	80	read as follows:
81	81	(a) A court may not hold the state, an agency or subdivision
82	82	of the state, an officer or employee of the state, an institution of
83	83	higher education or a private or independent institution of higher
84	84	education, an officer or employee of an institution of higher
85	85	education or a private or independent institution of higher
86	86	education, a peace officer, or a qualified handgun instructor
87	87	liable for damages caused by:
88	88	(1) an action authorized under this subchapter or a
89	89	failure to perform a duty imposed by this subchapter; or
90	90	(2) the actions of an applicant or license holder that
91	91	occur after the applicant has received a license or been denied a
92	92	license under this subchapter.
93	93	(b) A cause of action in damages may not be brought against
94	94	the state, an agency or subdivision of the state, an officer or
95	95	employee of the state, an institution of higher education or a
96	96	private or independent institution of higher education, an officer
97	97	or employee of an institution of higher education or a private or
98	98	independent institution of higher education, a peace officer, or a
99	99	qualified handgun instructor for any damage caused by the actions
100	100	of an applicant or license holder under this subchapter.
101	101	(d) The immunities granted under Subsections (a), (b), and
102	102	(c) do not apply to an act or a failure to act by the state, an
103	103	agency or subdivision of the state, an officer of the state, an
104	104	institution of higher education or a private or independent
105	105	institution of higher education, an officer or employee of an
106	106	institution of higher education or a private or independent
107	107	institution of higher education, or a peace officer if the act or
108	108	failure to act was capricious or arbitrary.
109	109	(f) For purposes of this section, "institution of higher
110	110	education" and "private or independent institution of higher
111	111	education" have the meanings assigned by Section 61.003, Education
112	112	Code.
113	113	SECTION 3. Section 46.03, Penal Code, is amended by
114	114	amending Subsections (a) and (c) and adding Subsections (j), (k),
115	115	(l), (m), and (n) to read as follows:
116	116	(a) A person commits an offense if the person intentionally,
117	117	knowingly, or recklessly possesses or goes with a firearm, illegal
118	118	knife, club, or prohibited weapon listed in Section 46.05(a):
119	119	(1) on the [physical] premises of a school or
120	120	[educational] institution of higher education or private or
121	121	independent institution of higher education, any grounds or
122	122	building on which an activity sponsored by a school or
123	123	[educational] institution of higher education or private or
124	124	independent institution of higher education is being conducted, or
125	125	a passenger transportation vehicle of a school or [educational]
126	126	institution of higher education or private or independent
127	127	institution of higher education, whether the school or
128	128	[educational] institution is public or private, unless:
129	129	(A) pursuant to written rules or regulations or
130	130	written authorization of the school or institution; or
131	131	(B) the person possesses or goes on premises
132	132	owned or leased and operated by an institution of higher education
133	133	or private or independent institution of higher education, on any
134	134	grounds or building owned or leased by the institution and on which
135	135	an activity sponsored by the institution is being conducted, or on a
136	136	passenger transportation vehicle of the institution with a
137	137	concealed handgun that the person is licensed to carry pursuant to a
138	138	license issued under Subchapter H, Chapter 411, Government Code;
139	139	(2) on the premises of a polling place on the day of an
140	140	election or while early voting is in progress;
141	141	(3) on the premises of any government court or offices
142	142	utilized by the court, unless pursuant to written regulations or
143	143	written authorization of the court;
144	144	(4) on the premises of a racetrack;
145	145	(5) in or into a secured area of an airport; or
146	146	(6) within 1,000 feet of premises the location of
147	147	which is designated by the Texas Department of Criminal Justice as a
148	148	place of execution under Article 43.19, Code of Criminal Procedure,
149	149	on a day that a sentence of death is set to be imposed on the
150	150	designated premises and the person received notice that:
151	151	(A) going within 1,000 feet of the premises with
152	152	a weapon listed under this subsection was prohibited; or
153	153	(B) possessing a weapon listed under this
154	154	subsection within 1,000 feet of the premises was prohibited.
155	155	(c) In this section:
156	156	(1) "Institution of higher education" and "private or
157	157	independent institution of higher education" have the meanings
158	158	assigned by Section 61.003, Education Code.
159	159	(2) [(1)] "Premises" has the meaning assigned by
160	160	Section 46.035.
161	161	(3) [(2)] "Secured area" means an area of an airport
162	162	terminal building to which access is controlled by the inspection
163	163	of persons and property under federal law.
164	164	(j) Subsection (a)(1)(B) does not preclude a private or
165	165	independent institution of higher education from adopting a rule,
166	166	regulation, or other provision or from taking any other action to
167	167	prohibit license holders from carrying handguns on premises owned
168	168	or leased and operated by the institution, on any grounds or
169	169	building owned or leased by the institution and on which an activity
170	170	sponsored by the institution is being conducted, or on a passenger
171	171	transportation vehicle of the institution.
172	172	(k) Subsection (a)(1)(B) does not permit a person to possess
173	173	a concealed handgun, or go with a concealed handgun, on the premises
174	174	of a hospital maintained or operated by an institution of higher
175	175	education or private or independent institution of higher education
176	176	if the hospital gives notice under Section 30.06. In this
177	177	subsection, "hospital" has the meaning assigned by Section 241.003,
178	178	Health and Safety Code.
179	179	(l) Subsection (a)(1)(B) does not permit a person to possess
180	180	a concealed handgun, or go with a concealed handgun, on the premises
181	181	of a preschool, elementary school, or secondary school that is
182	182	located on the grounds or premises of an institution of higher
183	183	education or private or independent institution of higher education
184	184	if the institution gives notice under Section 30.06.
185	185	(m) It is an exception to the application of Subsection
186	186	(a)(1) that the actor possessed a firearm or club while traveling to
187	187	or from the actor's place of assignment or in the actual discharge
188	188	of the actor's duties as a security officer if:
189	189	(1) the actor holds a security officer commission
190	190	issued by the Texas Private Security Board;
191	191	(2) the actor is wearing a distinctive uniform; and
192	192	(3) the firearm or club is in plain view.
193	193	(n) Subsection (a)(1)(B) does not permit a person to possess
194	194	a concealed handgun, or go with a concealed handgun, on the premises
195	195	maintained or operated by an institution of higher education that
196	196	is used for the operation of a national biocontainment laboratory,
197	197	if the institution gives notice under Section 30.06.
198	198	SECTION 4. Section 46.035, Penal Code, is amended by adding
199	199	Subsection (l) to read as follows:
200	200	(l) Subsection (b)(2) does not apply on premises owned or
201	201	leased and operated by an institution of higher education or
202	202	private or independent institution of higher education, as defined
203	203	by Section 61.003, Education Code, where a collegiate sporting
204	204	event sponsored by the institution is taking place unless the actor
205	205	is given notice under Section 30.06.
206	206	SECTION 5. Section 411.208, Government Code, as amended by
207	207	this Act, applies only to a cause of action that accrues on or after
208	208	the effective date of this Act. A cause of action that accrued
209	209	before the effective date of this Act is governed by the law in
210	210	effect immediately before the effective date of this Act, and the
211	211	former law is continued in effect for that purpose.
212	212	SECTION 6. Section 46.03, Penal Code, as amended by this
213	213	Act, and Section 46.035(l), Penal Code, as added by this Act, apply
214	214	only to an offense committed on or after the effective date of this
215	215	Act. An offense committed before the effective date of this Act is
216	216	governed by the law in effect on the date the offense was committed,
217	217	and the former law is continued in effect for that purpose. For
218	218	purposes of this section, an offense was committed before the
219	219	effective date of this Act if any element of the offense occurred
220	220	before that date.
221	221	SECTION 7. This Act takes effect January 1, 2014.
222	222	* * * * *