83R21588 JSC-D
By: Fletcher, Flynn, Lavender, Burkett, Bell, H.B. No. 972
et al.
Substitute the following for H.B. No. 972:
By: Fletcher C.S.H.B. No. 972
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of concealed handguns on the premises of
and certain other locations associated with 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 LICENSE HOLDERS ON
CERTAIN PREMISES OWNED OR LEASED BY INSTITUTION OF HIGHER
EDUCATION. (a) For purposes of 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) "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).
(3) "Premises" has the meaning assigned by Section
46.035, Penal Code.
(b) An institution of higher education in this state, after
consulting with students, staff, and faculty of the institution,
may adopt written rules or regulations prohibiting license holders
from carrying handguns on premises owned or leased and operated by
the institution, 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. An institution of higher education that adopts a rule
or regulation under this subsection shall give notice of the rule or
regulation by posting signs that meet the requirements for notice
under Section 30.06, Penal Code.
(c) An institution of higher education that does not adopt a
rule or regulation under Subsection (b) shall adopt written rules
or regulations concerning:
(1) the storage of handguns in dormitories or other
residential facilities that are owned or leased and operated by the
institution; and
(2) the carrying of concealed handguns by license
holders at collegiate sporting events that take place on grounds or
buildings owned or leased and operated by the institution.
(d) A private or independent institution of higher
education in this state, after consulting with students, staff, and
faculty of the institution, may adopt written rules or regulations
allowing license holders to carry handguns on premises owned or
leased and operated by the institution, 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. An institution that
adopts a rule or regulation under this subsection shall also adopt
written rules or regulations described by Subsection (c).
(e) This section does not permit a person to possess a
concealed handgun, or go with a concealed handgun, on the premises
of a hospital maintained or operated by an institution of higher
education if the hospital gives notice under Section 30.06, Penal
Code. In this subsection, "hospital" has the meaning assigned by
Section 241.003, Health and Safety Code.
(f) This section does not permit a person to possess a
concealed handgun, or go with a concealed handgun, on the premises
of a preschool, elementary school, or secondary school that is
located on the grounds or premises of an institution of higher
education if the institution gives notice under Section 30.06,
Penal Code.
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 or a private or independent institution of higher
education, an officer or employee of an institution of higher
education or a private or independent 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 or a
private or independent institution of higher education, an officer
or employee of an institution of higher education or a private or
independent 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 or a private or independent
institution of higher education, an officer or employee of an
institution of higher education or a private or independent
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" and "private or independent institution of higher
education" have the meanings assigned by Section 61.003, Education
Code.
SECTION 3. Section 46.03, Penal Code, is amended by
amending Subsections (a) and (c) and adding Subsections (j), (k),
and (l) 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 rules or regulations or
written authorization of the school or institution; or
(B) the person possesses or goes on premises
owned or leased and operated by 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.
(j) Subsection (a)(1)(B) does not preclude an institution
of higher education from adopting written rules or regulations
prohibiting license holders from carrying handguns under Section
411.2031(b), Government Code.
(k) Subsection (a)(1)(B) does not permit a person to possess
a concealed handgun, or go with a concealed handgun, on the premises
of a hospital maintained or operated by an institution of higher
education if the hospital gives notice under Section 30.06. In this
subsection, "hospital" has the meaning assigned by Section 241.003,
Health and Safety Code.
(l) Subsection (a)(1)(B) does not permit a person to possess
a concealed handgun, or go with a concealed handgun, on the premises
of a preschool, elementary school, or secondary school that is
located on the grounds or premises of an institution of higher
education if the institution gives notice under Section 30.06.
SECTION 4. Section 46.035, Penal Code, is amended by
amending Subsections (b) and (i) and adding Subsection (l) to read
as follows:
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
(5) in an amusement park; [or]
(6) on the premises of a church, synagogue, or other
established place of religious worship; or
(7) in violation of rules adopted under Section
411.2031(b), Government Code, by an institution of higher
education, as defined by Section 61.003, Education Code, on
premises owned or leased and operated by the institution, 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.
(i) Subsections (b)(4), (b)(5), (b)(6), (b)(7), and (c) do
not apply if the actor was not given effective notice under Section
30.06.
(l) Subsection (b)(2) does not apply on premises owned or
leased and operated by an institution of higher education as
defined by Section 61.003, Education Code, where a collegiate
sporting event sponsored by the institution is taking place unless
the actor is given 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 January 1, 2014.