84R19783 AJZ-D
By: Fletcher, Burkett, Bohac, Flynn, Bell, H.B. No. 937
et al.
Substitute the following for H.B. No. 937:
By: Phillips C.S.H.B. No. 937
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of handguns on the campuses of and certain
other locations associated with institutions of higher education;
amending provisions subject to a criminal penalty; creating a
criminal offense.
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 CAMPUSES. (a) For purposes of this section:
(1) "Campus" means all land and buildings owned or
leased by an institution of higher education or private or
independent institution of higher education.
(2) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(3) "Premises" has the meaning assigned by Section
46.035, Penal Code.
(b) A license holder may carry a concealed handgun on or
about the license holder's person while the license holder is on the
campus of an institution of higher education or private or
independent institution of higher education in this state.
(c) Except as provided by Subsection (d) or (e), an
institution of higher education or private or independent
institution of higher education in this state may not adopt any
rule, regulation, or other provision prohibiting license holders
from carrying concealed handguns on the campus of the institution.
(d) An institution of higher education or private or
independent institution of higher education in this state may
establish rules, regulations, or other provisions concerning the
storage of handguns in dormitories or other residential facilities
that are owned or leased and operated by the institution and located
on the campus of the institution.
(e) Except as provided by Section 411.2032, a private or
independent institution of higher education in this state, after
consulting with students, staff, and faculty of the institution,
may establish rules, regulations, or other provisions prohibiting
license holders from carrying handguns on the campus of the
institution, on any grounds or building on which an activity
sponsored by the institution is being conducted, or in a passenger
transportation vehicle of the institution.
(f) 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 or private or independent institution of higher education
if the hospital gives effective notice under Section 30.06, Penal
Code. In this subsection, "hospital" has the meaning assigned by
Section 241.003, Health and Safety Code.
(g) 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 campus of an institution of higher education or
private or independent institution of higher education if the
institution gives effective notice under Section 30.06, Penal Code.
(h) This section does not permit a person to possess a
concealed handgun, or go with a concealed handgun, inside a
building or a portion of a building that is in continuous use as a
national biocontainment laboratory in which biological specimens
are stored or used and that is located on the premises of an
institution of higher education or private or independent
institution of higher education and maintained or operated by the
institution, if the institution gives effective notice under
Section 30.06, Penal Code, with respect to that building or portion
of that building. This subsection does not apply to any portion of
a building to which students, faculty, staff, or the general public
are granted unrestricted access.
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 private or independent institution of higher
education that has not adopted rules under Section 411.2031(e), an
officer or employee of a private or independent institution of
higher education that has not adopted rules under Section
411.2031(e), 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
private or independent institution of higher education that has not
adopted rules under Section 411.2031(e), an officer or employee of
a private or independent institution of higher education that has
not adopted rules under Section 411.2031(e), 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:
(1) 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, a private or independent institution of higher
education that has not adopted rules under Section 411.2031(e), an
officer or employee of a private or independent institution of
higher education that has not adopted rules under Section
411.2031(e), or a peace officer if the act or failure to act was
capricious or arbitrary; or
(2) any officer or employee of an institution of
higher education or private or independent institution of higher
education described by Subdivision (1) who possesses a handgun on
the campus of that institution and whose conduct with regard to the
handgun is made the basis of a claim for personal injury or property
damage.
(f) For purposes of this section:
(1) "Campus" has the meaning assigned by Section
411.2031.
(2) "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 30.06(e), Penal Code, is amended to read
as follows:
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not:
(1) a premises or other place on which the license
holder is prohibited from carrying the handgun under Section 46.03
or 46.035; or
(2) the portion of the premises of an institution of
higher education, as defined by Section 61.003, Education Code,
that is described by Section 411.2031(h), Government Code.
SECTION 4. 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, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless:
(A) pursuant to written regulations or written
authorization of the institution; or
(B) the person possesses or goes with a concealed
handgun that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
section applies, on the premises of an institution of higher
education or private or independent institution of higher
education, on any grounds or building on which an activity
sponsored by the institution is being conducted, or in a passenger
transportation vehicle of the institution;
(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) "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 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 or private or independent institution of higher education
if the hospital gives effective notice under Section 30.06. In this
subsection, "hospital" has the meaning assigned by Section 241.003,
Health and Safety 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 preschool, elementary school, or secondary school that is
located on the premises of an institution of higher education or
private or independent institution of higher education if the
institution gives effective notice under Section 30.06.
(l) Subsection (a)(1)(B) does not permit a person to possess
a concealed handgun, or go with a concealed handgun, inside a
building or a portion of a building that is in continuous use as a
national biocontainment laboratory in which biological specimens
are stored or used and that is located on the premises of an
institution of higher education or private or independent
institution of higher education and maintained or operated by the
institution, if the institution gives effective notice under
Section 30.06 with respect to that building or portion of that
building. This subsection does not apply to any portion of a
building to which students, faculty, staff, or the general public
are granted unrestricted access.
SECTION 5. Section 46.035, Penal Code, is amended by
amending Subsections (g), (h), and (j) and adding Subsections (a-1)
and (l) to read as follows:
(a-1) A license holder commits an offense if the license
holder carries a partially or wholly visible handgun, regardless of
whether the handgun is holstered, on or about the license holder's
person under the authority of Subchapter H, Chapter 411, Government
Code, and intentionally displays the handgun in plain view of
another person:
(1) on the premises of an institution of higher
education or private or independent institution of higher
education; or
(2) on any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other parking
area of an institution of higher education or private or
independent institution of higher education.
(g) An offense under this section [Subsection (a), (b), (c),
(d), or (e)] is a Class A misdemeanor, unless the offense is
committed under Subsection (b)(1) or (b)(3), in which event the
offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) or
(a-1) that the actor, at the time of the commission of the offense,
displayed the handgun under circumstances in which the actor would
have been justified in the use of force or deadly force under
Chapter 9.
(j) Subsections (a), (a-1), and (b)(1) do not apply to a
historical reenactment performed in compliance with the rules of
the Texas Alcoholic Beverage Commission.
(l) Subsection (b)(2) does not apply on the premises where a
collegiate sporting event is taking place if the actor was not given
effective notice under Section 30.06.
SECTION 6. Section 46.035(f), Penal Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Institution of higher education" and "private
or independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
SECTION 7. 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 accrues
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 8. The change in law made by this Act applies 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 9. This Act takes effect September 1, 2015.